모욕
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, as the victim of the assault case, requested the victim D, who is the police officer in charge, to prepare a statement protocol, but D does not prepare it. However, it is merely a fact that D’s complaint regarding D’s unfair investigation method is expressed by the mixed-level, not with D. However, it is merely a fact that D’s complaint regarding D’s unfair investigation method was expressed by the mixed-level. At the time, there is no concern about the destruction of evidence and the escape, and there is an urgent circumstance to immediately arrest the Defendant on the spot.
보기 어려워 현행범 체포의 요건이 갖추어 지지 않았음에도, D은 피고인을 모욕죄의 현행범으로 체포하였고, 피고인이 ‘ 이래서 신고 라도 할 수 있겠어, 세상 참 좃 같네
The phrase “a” is deemed to be a mixed standard after being arrested as an offender in the act of crime.
Therefore, even though the defendant's act does not constitute a crime of insult, the court below erred by misunderstanding the facts and misunderstanding the legal principles.
2. According to the evidence duly adopted and examined by the judgment of the court below and the trial court, in particular D's police and the trial court's statement, it can be sufficiently recognized that the defendant expressed a desire to the victim D as stated in the facts charged, thereby insulting the victim. The defendant's assertion that the defendant expressed a desire not to the victim but to the victim in the form of a mixed standard is difficult.
In addition, according to the evidence mentioned above, the defendant appears to have committed part of the insulting act in the facts charged before being arrested as a flagrant offender, and part of the defendant's insulting act was conducted after being arrested as a flagrant offender.
Even if such circumstance does not affect the establishment of the offense of insult of this case.
In addition, according to the evidence mentioned above, it seems that the requirements for the arrest of flagrant offenders, such as the risk of escape, were met at the time of the instant case, and thus, it goes on a different premise.