모욕등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts as to the part concerning the obstruction of performance of official duties or misapprehension of legal principles) was securing all evidence about the insult crime committed by the Defendant, and the Defendant merely received a request from the police station for a delivery of identification card from the police station and informed the Defendant of the fact that he/she did not go to 30 meters away from 30 meters away from the police station, and thus, there was no risk of destruction of evidence or escape, and the Defendant was not notified of the right to refuse to make statements, and thus, the arrest of the Defendant in the
In addition, in order to close the door on the wind in which police officers gather arms due to crepans, the Defendant only sealed the arms of police officers out of the door, but did not assault the police officers.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence presented by the lower court, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine on the arrest of flagrant offenders.
The defendant's appeal to the effect that he does not constitute violence is dismissed, and this part of the crime is found guilty.
① In the presence of a police officer, the police officer, who took the victim’s bath, said that “If a police officer continues to engage, he/she may be punished as a crime of insult.”
② Nevertheless, the Defendant continued to talk with the victim in a very rough and disorderly manner, and the police officer confirmed that the victim wishes to punish the Defendant.
③ The Defendant demanded the Defendant to present his identification card out of the store (at the time, even if the Defendant told the police officer to the effect that he was the president of a cell phone store, it seems necessary to confirm his identification card even in order to confirm whether the police officer is the horse). The Defendant did not comply with this and does not speak at the destination.