A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Punishment of the crime

Around 14:50 on February 14, 2016, the Defendant: (a) arrested the police officer G, etc. from the police station F District Police Station G, etc. of the Gu government police station as a current offender due to the crime of intimidation, and (b) obstructed the police officer’s legitimate execution of duties concerning the suppression of the crime and criminal investigation.

Summary of Evidence

1. Each legal statement of witness G, H, E, and I;

1. Written statements of J and K;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The summary of the argument is that the defendant did not assault police officers G as stated in the facts charged, and police officers G did not inform the defendant of the doctrine at the time of arresting the defendant as a current criminal. The defendant was not arrested as a current criminal of intimidation at the time of the occurrence of the instant case. Thus, the arrest of a flagrant offender against the defendant by the police officer does not constitute legitimate execution of official duties.

The argument is asserted.

2. Determination

A. Under the relevant legal principles, any person may arrest an offender without a warrant. To arrest an offender as the current offender, there must be concerns about punishment for an act, the current and temporal contact of the crime, the apparentness of the crime and the necessity of arrest, i.e., the necessity of escape or destruction of evidence, and the arrest of a flagrant offender who fails to meet these requirements constitutes illegal arrest as a warrant without legal basis.

Here, the requirements for the arrest of flagrant offenders should be determined based on the situation at the time of arrest, and the judgment of the investigative body, such as prosecutor or judicial police officer, may have considerable discretion, but it is also determined by prosecutor or judicial police officer on whether the requirements are met, considering the situation at the time of arrest.