Text
Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 1,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. On September 5, 2016, Defendant A: (a) around 21:10 on September 5, 2016, the police officer affiliated with the police station G police box in the Gyeongbuk-do Police Station in Gyeonggi-do who called out after receiving a report from the F station located in Sinsan-si; and (b) he told the Defendant to assault the Defendant by pushing the victim I’s left shoulder part; (c) while taking a bath to the said H, he pushed down the above H’s arms with the right shoulder and chest, etc.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
2. Defendant B expressed that, at the time, at the time, at the place specified in paragraph 1, the captain of the instant case, the Defendant attempted to assault and assault the said A, “I and their family members,” and expressed the said H that “I and their family members,” “I and their family members,” “I and their family members,” “I and their police officers, so I and I expressed my desire to do so.”
Accordingly, the Defendant publicly insultingd the victim.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Each legal statement of the witness H and I;
1. On-site CCTVs;
1. The investigation report (the confirmation letter and the notice of arrest, etc. attached), each written confirmation (the name and omitted) (the judgment on the assertion of Defendant A and the defense counsel) and each written confirmation (the judgment on the assertion of Defendant A and the defense counsel) of Defendant A and the defense counsel did not notify the police officer’s arrest of the so-called "finite principle" against Defendant B of the crime of obstructing the performance of official duties by Defendant A, and illegal arrest that does not meet the necessary requirements for arrest. Thus, Defendant A’s act to oppose
The argument is asserted.
Any person may arrest a flagrant offender without a warrant. To arrest a flagrant offender as an existing criminal, there should be concerns about 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, the apparentness of the crime, and the arrest of a flagrant offender who fails to meet such requirements, without a warrant based on the legal basis.