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The judgment of the court below is reversed.
Defendant
A A A Fines of KRW 2 million, Defendant B and D of each fine of KRW 3 million, Defendant C, and Defendant C.
Reasons
1. The summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) stated that H intended to arrest I as a legitimate performance of official duties. Thus, the Defendants’ assaulted police officers who prevented the Defendants from exercising force against H’s emergency arrest and violence constitutes a crime of obstruction of performance of official duties. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. (1) Relevant legal principles (1) The requirements of an emergency arrest are exceptionally permitted to be limited to cases meeting all the requirements of Article 200-3(1) of the Criminal Procedure Act, as it is an exception to the warrant requirement principle, and an emergency arrest which fails to meet the requirements constitutes an illegal arrest which is not a warrant based on legal basis. Here, whether the requirements of an emergency arrest are met or not should be determined based on the situation at the time of arrest rather than on the situation revealed ex post facto, and the situation at the time of the emergency arrest should be determined based on the situation at the time of the arrest. In addition, if a prosecutor or a judicial police officer's judgment on whether the requirements are met is considerably unreasonable in light of empirical rules even when considering the situation at the time of the emergency arrest as the situation at the
(2) In principle, in the event of emergency arrest by a judicial police officer notified of the Dara Principles, the gist of the crime, the reason for detention, and the opportunity to defend himself/herself shall be given. Such notification shall be given prior to entering the exercise of the real force for arrest. However, in cases where a person driving away a criminal suspect or undersponss a criminal suspect against violence, it shall be attached to or undersponsed by the person driving away the criminal suspect.