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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (accompony obstructing the performance of official duties), although this was merely a passive resistance against the police officer to arrest the defendant as an offender in the crime of insult (no one has committed an assault that may interfere with the performance of official duties). The F did not notify the principle before he arrests the defendant as an offender in the crime of insult, and thus, the arrest of the defendant was illegal, and thus, the act of the defendant does not constitute an interference with the performance of official duties.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is unreasonable.
2. Determination
A. The lower court also asserted that “the Defendant’s act was merely a passive resistance against the arrest of a flagrant offender and the arrest of a police officer is not lawful,” and the lower court rejected the Defendant’s assertion with detailed reasoning for the determination on the Defendant’s assertion.
The judgment of the court below on this part is just, and there is an error of law by misunderstanding facts or by misunderstanding legal principles as alleged by the defendant.
subsection (b) of this section.
2) The Defendant added the assertion that he was not notified of the doctrine at the time when he was arrested in the act of insult as a crime of insult in the crime of insult.
In accordance with Article 20-5 applicable mutatis mutandis by Article 213-2 of the Criminal Procedure Act, a prosecutor or judicial police officer shall give the suspect an opportunity to defend himself/herself by referring to the summary of the offense, the reason for arrest, and the fact that he/she can appoint a defense counsel in cases where he/she arrests the current offender or is transferred to the general public, and such notification shall be arrested.