The defendant is not guilty. The summary of this judgment shall be announced publicly.

1. On September 15, 2016, the Defendant arrested a flagrant offender to the police officers belonging to the Dongducheon Police Station E box, who called up at the above location on the grounds that he assaulted No. 8, 102 of the Defendant’s house No. 11:50 on September 15, 2016, at the Defendant’s house No. 8, Dongducheon Police Station E box, who was called up at the above location. During the patrol, the Defendant assaulted the police officers belonging to the Dongducheon Police Station E box, who were in front of the above location, to walk up

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

2. Determination

A. Under the relevant legal principles, any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender (Article 212 of the Criminal Procedure Act). In addition to the punishment of the act, the current and temporal contact of the crime, the necessity of the arrest, namely, the necessity of escape or destruction of evidence, and the arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest, which is not based on legal basis (see Supreme Court Decision 98Do3029, Jan. 26, 199, etc.). Here, whether the requirements for the arrest of a flagrant offender are satisfied should be determined based on the situation at the time of the arrest, and the judgment by a prosecutor or a judicial police officer, etc. as to whether the requirements are met may have considerable discretion, but in light of the situation at the time of the arrest, if the judgment by a prosecutor or judicial police officer, etc. as to whether the requirements are met is considerably unreasonable in light of empirical rules, such arrest should be deemed unlawful

On the other hand, the obstruction of the performance of official duties under Article 136 of the Criminal Code is established only when the performance of official duties is legitimate. Here, legitimate performance of official duties refers to not only the abstract authority of a public official, but also the case that satisfies the legal requirements and methods for specific performance of duties.

Although police officers did not meet the requirements for arrest of flagrant offenders, they want to arrest the current criminal with real force.