Whether a police officer's warning or restraint under Article 6 (1) of the Act on the Performance of Duties by Police Officers may be given to the police officer for the purpose of suppression during the duration of a criminal act after the commencement of the commission of the criminal act (affirmative)

Article 6 (1) of the Act on the Performance of Duties by Police Officers

Defendant

Defendant

Attorney Kim Yong-ho

Seoul Eastern District Court Decision 2012No946 decided December 20, 2012

The appeal is dismissed.

The grounds of appeal are examined.

Article 6(1) of the Act on the Performance of Duties by Police Officers provides that “If a police officer deems that a criminal act is about to be committed in front of the police officer, the police officer may issue a warning to the persons concerned to prevent the criminal act, and if it is urgently required due to the act’s danger and injury to human life and body, or to cause serious damage to property, the police officer may restrain the act.” The warning or provision of the police officer’s warning can be done before the commencement of the commission of the criminal act for the prevention of the crime, such as the language and text thereof, and it can be done as a matter of course for the suppression of

In light of the above legal principles, the court below's determination that the police officer's act was deemed to be legitimate performance of official duties and that the police officer's act was committed in order to occupy the road gate prior to the entrance of the construction site and obstruct the entry of the construction site and move out of the road, and that the police officer's act was all convicted of the defendant's obstruction of performance of official duties and injury. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on Article 6 (1) of the Act on the Performance of Duties by Police Officers

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Chang-suk (Presiding Justice)