The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principle) (based on the fact-finding) C police officers provided the defendant with an opportunity to defend himself without delay after suppressing the defendant's riot at the patrol station, and that he/she is entitled to appoint a defense counsel. Thus, C's arrest of the defendant in the act of committing an offense is lawful.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

(1) At around 01:40 on November 19, 201, the Defendant expressed a bath to C police officers on the front side of the Seoul Jung-gu, Seoul.

(2) After having notified C that C was arrested of the Defendant as an offender in the crime of insult, the Defendant arrested the Defendant and attempted to drive the vehicle after carrying the patrol vehicle back, and the Defendant took a bath and assault against C.

(3) After suppressing the Defendant, C notified the Defendant that he was arrested as an offender in the crime of insult and obstruction of performance of official duties, and provided an opportunity to defend himself by stating the summary of the crime, the reason for detention, and the appointment of a defense counsel.

B. (1) In the event a judicial police officer arrests a flagrant offender, he/she must be given an opportunity to defend himself/herself by stating the summary of the crime, the reason for detention, and the appointment of a defense counsel. If a police officer tried to commit a flagrant offender with the intent to commit a flagrant offender without complying with the aforementioned due process, it cannot be deemed a lawful performance of official

(See Supreme Court Decision 9Do4341 delivered on July 4, 200). Meanwhile, in principle, such notice should be given prior to entering an exercise of the actual force for arrest. However, in a case where a person driving away a criminal suspect who is going to drive away or is under the influence of force a criminal suspect who is in opposition against violence, the police officer’s arrest of a flagrant offender is lawful performance of official duties.