A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 26, 2016, the Defendant confirmed the Defendant’s intent to punish the Defendant’s wife, and attempted to arrest the Defendant as a current offender by body, sealed the Defendant’s chest with the Defendant’s hand, sealed the Defendant’s hand by bucks and head, and obstructed the police officer’s crime prevention and investigation, public peace and order maintenance by assaulting the Defendant’s hand and head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and E;

1. Determination as to the defendant's defense counsel's assertion of each statement and investigation report

1. Although the alleged police officer called for a domestic violence report, he was not in an imminent situation to arrest the defendant as a current criminal due to the present circumstances.

Nevertheless, the police officer's attempt to arrest the defendant as a current criminal constitutes an illegal arrest and thus cannot be viewed as a legitimate execution of official duties.

Therefore, the defendant's act committed in the course of resistance constitutes a legitimate defense.

2. Determination

A. Any person may arrest a flagrant offender without a warrant. To arrest a current criminal, there must be concerns about the necessity of arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment for an act committed, the current and temporal contact of the crime, and the apparentness of the crime and the crime. The arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant, which is not based on legal basis.

Here, the requirements for the arrest of flagrant offenders should be determined based on the situation at the time of arrest, and the judgment of the investigative body, such as prosecutor or judicial police officer, may have a considerable discretion, but it is also considered as the situation at the time of arrest, such as prosecutor or judicial police officer.