공무집행방해등
The accused shall announce the summary of the judgment of innocence.
1. Facts charged;
A. On October 30, 2014, around 03:50 on October 30, 2014, the Defendant: (a) notified the victim F, etc., a security guard belonging to the E Zone of Busan, who was dispatched after receiving a report from 112, that he assaulted the main employee and misrepresented him, and did not pay the drinking value; (b) notified the victim F, etc., a security guard belonging to the E Zone of Busan, of the legal notice of the suspected crime; and (c) arrested him as the current offender of the assault, who was in possession of the police.
The part of the victim's arms is flickly flick, and the victim was assaulted by continuously flicking the victim's work clothes, flicking the head and body toward the wall.
Accordingly, the defendant, upon receiving a report 112, obstructed the police officer's lawful arrest of flagrant offenders.
B. Around 05:00 on October 30, 2014, the Defendant expressed a bath for about 30 minutes to the victim F, who is the police officer, on the ground that, even when he was arrested as a flagrant offender in the E District, H, a main employee, etc., was sent to the police officer, as seen above, while he was arrested as a flagrant offender in the F District E District.
As a result, the Defendant insultd the victim who is a police officer called upon receiving a report.
2. Determination:
A. The current criminal may arrest a person without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender, there is a concern about criminal punishment, the necessity of arrest, namely, the necessity of escape or destruction of evidence, in addition to the apparentness of the criminal and the crime, and the arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant (see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 1999). Meanwhile, the crime of obstructing the performance of official duties under Article 136 of the Criminal Act is established only when the performance of official duties is legitimate.