The defendant shall be innocent.

1. On June 6, 2015, the facts charged (Interference with and injuring the Defendant’s performance of official duties) committed an assault on the part of the Defendant at first time with the left hand of the victim’s right knife and the part of the assault was prosecuted on the following grounds: (a) the Prosecutor revoked this part of the prosecution at the third trial date, and then the Court dismissed this part of the prosecution on this part.

Defendant 1: (a) was arrested as a flagrant offender from the victim H during the process of the police box of the Ulsan-dong Police Station G police station in Ulsan-dong, which received a report at the above time and time; (b) the police box was arrested as a flagrant offender at the victim H; and (c) the body was frighted on the floor and frighted on the floor; and (d) frighted the victim’s body for a long time.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, investigation, and suppression of crimes, and at the same time, the Defendant placed a back-to-date back gate, which requires approximately two weeks of treatment to the victim.

2. Arrest of the defendant in the act of committing an offense against the defendant and his defense counsel is an unlawful performance of official duties and the act of the defendant stated in the facts charged against him is not a passive act of resistance against the defendant.

3. Determination

A. Under the relevant legal principles, any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender, there should be concerns over the necessity of arrest, namely, the necessity of escape or destruction of evidence, in addition to the punishment of the act, the current and temporal contact of the crime, and the apparentness of the crime and 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 (see, e.g., Supreme Court Decision 98Do3029, Jan. 26, 199). Meanwhile, Article 136 of the Criminal Act provides for.