The judgment of the court below is reversed, and the case is remanded to the Chuncheon District Court Panel Division.

The grounds of appeal are examined.

1. Interference with the performance of official duties is premised on the lawful performance of official duties by public officials. Whether a certain performance of official duties by a public official belonging to the abstract authority is legitimate shall be determined objectively and reasonably based on the specific situation at the time of the act, and shall not be determined ex post purely objective criteria (see, e.g., Supreme Court Decision 2011Do4763, Aug. 23, 2013). Any person who is committing or immediately after committing a crime may be arrested without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender, the need for arrest, i.e., the necessity of the crime, in addition to the degree of punishment for committing the act, the present time contact with the offender, the apparentness of the crime, and the likelihood of escape or destruction of evidence, should be determined based on the situation at the time of the arrest. In addition, the main agent of the investigation is

Therefore, unless the judgment of the investigative body on the requirements is deemed unreasonable in light of the empirical rule, it shall not be concluded that the arrest of a flagrant offender was unlawful (see, e.g., Supreme Court Decision 2015Do13726, Feb. 18, 2016). Furthermore, even if there is a somewhat different difference between the police officer’s circumstance of arrest, such as the place and time of arrest, and the reason for arrest, and the current arrest of a flagrant offender and the statement on facts constituting an offense, such difference is attributable to the fact that a series of criminal defendants who are subject to arrest are in close vicinity at time and time, and the extent that does not undermine the spatial identity is limited to the extent that such difference does not interfere with the temporal identity, it cannot be deemed that the police officer’s lawful performance of official duties, and the name of the crime can be changed to the extent that the identity of the criminal act is maintained after the arrest.