(a) An act of placing a person in custody at a police station without legal procedure is not considered an act that is believed to be an appropriate act to achieve the purpose of the investigation;

(b) The exercise of official authority without fulfilling legal conditions in exercising official authority is an abuse of its official authority.

A. An act of putting a victim into a police station without legal procedure cannot be deemed as a justifiable act that is believed to be an appropriate act for the achievement of the purpose of the investigation, and an act of exercising official authority without satisfying legal conditions is an act of unlawful confinement by abusing official authority.

Article 20 of the Criminal Act, Article 124 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court Decision 70No258 delivered on September 3, 1970

The original judgment is reversed, and the case is remanded to the Gwangju District Court Panel Division.

As to the ground of appeal by the Prosecutor of Gwangju District Prosecutor’s New Prosecutor:

According to the court below's decision, the court below determined that the defendant's crime of this case was an appropriate act to achieve the purpose of investigation, which is his official authority, and it is difficult to see that the defendant's crime of this case was committed with the awareness that he was committed by abusing his official authority, and that it was an act of putting the victim under custody by abusing his official authority, and there is no other evidence to prove the criminal intent of having the victim detained by abusing his official authority, and dismissed the prosecutor's appeal on the ground that the court of

However, if the defendant recognizes that there are grounds for detention stipulated in Article 70 of the Criminal Procedure Act to the victim, it shall be detained by a judge of the competent district court upon request of the public prosecutor, and if it is not possible to obtain a warrant of detention of a judge of the competent district court due to urgency, it may be urgently detained pursuant to Article 206 of the same Act, and it shall not be detained without a warrant. Despite the fact that all citizens are the rights guaranteed by Article 10 of the Constitution, the defendant's act of having the victim detained in the so-called police station protection room without the above legal procedure can not be deemed as an act believed by the defendant to be an appropriate act to achieve the purpose of investigation. Even if the defendant believed that it is a legitimate act and does not constitute a crime under the law, there is no justifiable reason to believe that it is a legitimate act, and even if the defendant did not meet the above legal conditions necessary for exercising his official capacity, it constitutes an abuse of official authority, and thus, it constitutes an unlawful confinement under the so-called court's judgment.

Therefore, according to Article 397 of the Criminal Procedure Act, it is decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet