The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On August 11, 2016, the Defendant was sentenced to a fine of KRW 100,000,000 to six months of imprisonment with labor due to interference with the performance of official duties at the Gangnam District Court Branch Branch, and the said judgment became final and conclusive on November 2, 2017, and completed the execution of the said sentence at the Gangnam Prison Branch on February 5, 2017.

The Defendant, at around 02:20 on May 16, 2018, at a police box of the Samdong Police Station D, located in C on March 16, 2018, in the course of being investigated for suspicion of assaulting E at a three-dimensional bus terminal at around 2:00 on the same day, and obstructed police officers’ legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes by assaulting by assaulting the assistant F, who is affiliated with the above police box, to ask for personal information and the progress of the case.

2. Determination

A. Article 199(1) of the Criminal Procedure Act provides that “The investigation may be conducted to achieve its purpose.”

Provided, That compulsory measures shall be taken only where otherwise provided for in this Act to the minimum extent necessary.

"The principle of voluntary investigation is specified by stipulating that "......."

In the form of a party’s consent in the course of investigation, the investigator’s accompanying the suspect to the investigative agency, etc. is likely to bring about a result contrary to the principle of criminal procedure law, such as not providing various guarantee devices that the Constitution and the Criminal Procedure Act grants to the suspect under arrest and detention on the ground that the freedom of body of the other party is practically restricted and actually placed in a situation similar to the arrest without a warrant, and there is no other means to suppress accompanying with force without a warrant, and it is highly likely that the investigator will bring about a result contrary to the principle of criminal procedure law, such as not providing various guarantee devices that the Constitution and the Criminal Procedure Act grants to the other party for the reason that it is before the regular arrest and detention stage.