공무집행방해
The defendant shall be innocent.
1. On March 6, 2014, at around 15:46, the Defendant: (a) stated that, in front of the secondhand box located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant took a bath to the said E, “Crop, bitched, bitched, bitched, bitched,” and interfered with the police officer’s lawful performance of duties concerning the police officer’s duty of maintaining the public security, on the following grounds: (b) on the ground that the police officer assigned to the Seoul Gwangjin-gu Police Station Diplomatic Police Station that was called after receiving a report of 112 that frighted, carried out; and (c) on his hand, the Defendant took three times the frop of the said E; and (d) interfered with the police officer’s lawful performance of duties concerning the police officer’
2. Determination
1. The defense counsel's assertion that the dispatched police officers unilaterally resisted the Defendant to have the Defendant aboard patrol vehicles, and the police officers at that time resisted to the effect that the execution of their duties is unlawful, since they did not go through legitimate procedures, such as not notifying the principle of disturbance during the arrest process.
2. Determination
A. Article 12(5) of the Constitution declares the principle that “no person shall be arrested or detained unless he is notified of the grounds for arrest or detention and that he/she has the right to receive assistance from his/her defense counsel.” Article 72 of the Criminal Procedure Act provides that “no person shall be arrested or detained unless he/she gives the defendant an opportunity to defend himself/herself, or gives him/her an opportunity to defend himself/herself.” This provision applies mutatis mutandis to cases where a prosecutor or a judicial police officer arrests a flagrant offender or delivers a flagrant offender to the general public pursuant to Article 213-2 of the same Act. Thus, it is apparent that a judicial police officer must, in cases where he/she arrests a defendant as a flagrant offender, give him/her an opportunity to defend him/her by referring to the summary of the crime, the reason for arrest and the fact that he/she is able to appoint a defense counsel, and such notification should be made prior to entering an exercise of force for the arrest.