공무집행방해
The defendant shall be innocent.
1. On August 26, 2017, the Defendant: (a) sent the Defendant to the waiting room within the police box, a police officer affiliated with the above police box, which is a police officer affiliated with the above police box, to arrest the Defendant as the current criminal of fraud, at the Dong-dong Police Station D police box located in Yong-si, Young-si; (b) on August 26, 2017, the Defendant interfered with the performance of duties of the said police officer by assaulting the said police officer by “Ne-si,” stating that “Ne-si,” and assaulting the said police officer, so far as he was
2. Determination
A. Any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a criminal as the current criminal, there must be concerns about the necessity of arrest, namely, the necessity of escape or destruction of evidence, in addition to the punishment for an act, the current temporal contact of the crime, and the apparentness of the crime. The arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant, which is not based on legal basis.
In this context, whether a person satisfies the requirements for the arrest of flagrant offenders should be determined based on the situation at the time of the arrest. Although there is considerable discretion in the judgment of a prosecutor, a judicial police officer, etc., in light of the situation at the time of the arrest, if a prosecutor or a judicial police officer, etc.’s judgment on whether the requirements are met is considerably unreasonable in light of the empirical rule, the arrest should be deemed unlawful (Supreme Court Decision 2011Do3682 Decided May 26, 201). 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. The lawful performance of official duties here refers to not only the act belongs to the abstract authority of a public official, but also the case meeting the legal requirements and methods in relation to the specific performance of official duties. Thus, if a police officer intends to proceed to a current criminal without complying with due process, it cannot be deemed a legitimate performance of official duties, and the current criminal refuses it against the police officer.