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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of arrival of the police officer, mistake of facts or misapprehension of legal principles (defendants) had already passed since the assault case was closed, and there was no risk of destruction of evidence or escape at the time. Thus, the defendant did not meet the substantive requirements for the arrest of flagrant offender.
In addition, the police officer did not inform the defendant of the non-flagrant principle in advance while arresting the defendant in flagrant offender at the time, and did not meet the procedural requirements for the arrest of the flagrant offender.
Therefore, the process of arresting a police officer as a flagrant offender constitutes an illegal arrest, not a legitimate official duty, and thus, in order to escape such arrest, the crime of obstruction of performance of official duties is not established itself, or the illegality should be avoided as it constitutes self-defense as an act to escape from the present infringement on the body due to an illegal arrest. Therefore, the court below which convicted the defendant otherwise erred by misunderstanding of facts or misunderstanding of legal principles.
B. The sentence of a fine of KRW 4 million imposed by the court below against the defendant is too minor or unreasonable.
2. Determination
A. (1) Determination of mistake of facts or misapprehension of legal principles as to whether a person complies with the substantive requirements of the arrest of a flagrant offender under Article 211 of the Criminal Procedure Act refers to cases where it is evident from the perspective of the person who arrests him that he is an offender immediately after the commission of the crime. "after the commission of the crime," and "after the commission of the crime," is interpreted to mean the last and last stage of the commission of the crime or the corresponding time stage of the crime. Thus, it is interpreted that a person who is arrested, considering time and place, is an offender who has committed the crime.