The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal principles, had a minor dispute with a restaurant employee on the day of the instant case, and the police officer dispatched to the scene at the time arrested the Defendant as a current offender even though there was no need to arrest the Defendant as a flagrant offender. Although the Defendant’s payment of large sound in the earth constitutes a legitimate defense or legitimate act, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of violating the Punishment of Minor Offenses Act.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. (1) Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles may be made by any person without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a current criminal, there should be concerns about punishment for an act to be arrested, the current situation and time contact of the crime, the necessity of arrest, i.e., escape or destruction of evidence, and arrest of a flagrant offender who fails to meet these requirements constitutes illegal arrest without a warrant, which is not based on legal basis.

In this context, determination of whether a person satisfies the requirements for arrest of flagrant offenders should be made based on the situation at the time of arrest, and the judgment of a prosecutor or a judicial police officer, etc., such as a prosecutor or a judicial police officer, has considerable discretion, but if the judgment on whether a person satisfies the requirements even considering the situation at the time of arrest is considerably unreasonable in light of the empirical rule, such arrest should be deemed unlawful (see Supreme Court Decision 201Do3682, May 26, 201, etc.). (2) According to the evidence duly adopted and examined by the court below and the statement of F of the witness of the trial court, according to the evidence and the statement of F, a police officer, and F, a police officer, and I, upon receiving a report, immediately.