공무집행방해등
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the defendant refused to present his identification card at the time of the arrest of the flagrant offender and met the requirements for the arrest of the flagrant offender, and that the presentation of identification card after the arrest does not affect the requirements for the arrest of the flagrant offender already established, the court below erred by misapprehending the legal principles that the court below acquitted the defendant of the obstruction of performance of official duties among the charges against the defendant, since the arrest of the police officer against the defendant was illegal performance of official duties.
2. Any person may arrest a flagrant offender subject to a warrant (Article 212 of the Criminal Procedure Act), but a maximum amount of a fine not exceeding 50,000 won, detention, or a minor fine may be arrested only when his/her residence is not evident (Article 214 of the Criminal Procedure Act). Thus, if a police officer arrests a person who committed a crime violating the Punishment of Minor Offenses Act without confirming whether his/her residence is evident (such as where it is difficult to confirm his/her residence due to the escape of a flagrant offender) in the course of arresting a flagrant offender, such arrest shall not be deemed legitimate performance of official duties.
In light of the evidence duly adopted and examined by the court below, the defendant, around 3:30 on August 13, 201, was found to have been under the influence of alcohol in the front of Suwon-gu, Suwon-gu, Suwon-si, and the defendant was under the influence of drinking, and (2) the police officer, upon receiving a report, demanded the defendant to present his identification card, but the defendant did not present his identification card; (3) the police officer notified the police officer that he was arrested as a flagrant offender in the crime of violation of the Punishment of Minor Offenses Act, in which the defendant was unknown, and sentenced the police officer to arrest him as a flagrant offender in which he was under the influence of patrol, and (4) the defendant was under the influence of the police officer, and (5) the police officer was already under the influence of the police officer.