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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of the instant charges by misapprehending the legal doctrine, even though the Defendant’s act barring the need for arrest does not constitute an element of the crime of obstructing the performance of official duties, inasmuch as it did not constitute an illegal performance of official duties.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. In order to arrest a flagrant offender as a flagrant offender under Article 212 of the Criminal Procedure Act, the current criminal may arrest him/her without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, there should be concerns over the punishment of the act, the current situation of the crime, the necessity of arrest, i.e., escape or destruction of evidence in addition to the apparentness of the crime. Such requirements for arrest of a flagrant offender should be determined based on the situation at the time of arrest, and the subject of the investigation may have considerable discretion.
I would like to say.
Therefore, inasmuch as the determination of the investigating body on the requirements at the time of arrest is deemed unreasonable in light of the empirical rule, it is not readily concluded that the arrest of a flagrant offender was unlawful (see, e.g., Supreme Court Decisions 2012Do8184, Nov. 29, 2012; 2015Do13726, Feb. 18, 2016). According to the evidence duly adopted and examined by the lower court, the Defendant and A were sent to the police officer upon the report of 112 that the taxi passenger was on the time of the arrest, and the police officer was on the move of the taxi driver, and the police officer was on the move of the taxi driver, ② that the dispatched police officer was on the move of the taxi engineer, and ② that the police officer was on the move of the taxi engineer was on the move of the taxi engineer, and “I am on the stop business and stop stop business,” and “I am on the part of the police officer’s lineal ascendant and descendant.”