The defendant shall be innocent.

1. On October 24, 2013, the Defendant: (a) around 13:38 Sinpo-si, Geumpo-dong, Geumpo-dong, Geumpo-dong, 87-1; (b) on the other side of the Geumpo-dong, Geumpo-dong, Geumpo-dong, the Defendant raised a complaint against the public interest service personnel working in the Geumpo-dong, who is in a state of visual disorder, who directly extracted the transportation card from the Defendant; (c) was under the influence of alcohol, and was frighted to the large-scale soften; and (d) the Defendant was able to have the Defendant returned home several times from D through the process of the report and execution of the police officer’s duty of crime prevention and execution by assaulting the Defendant’s left part of D with bitpo-dong, 37-1, who was in a state of visual disorder.

2. The relevant legal principles stipulate that any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, there should be concerns about the necessity of arrest, namely, the necessity of escape or destruction of evidence, and the arrest of a flagrant offender who fails to meet such requirements constitutes an illegal arrest without a warrant based on the legal basis.

(2) Article 12(5) of the Constitution of the Republic of Korea and Articles 213-2 and 72 of the Criminal Procedure Act provide the police officer with an opportunity to defend himself/herself and the summary of the crime, the reason for detention, and the appointment of a defense counsel when he/she arrests a flagrant offender. As such, if the police officer attempted to commit a flagrant offender with a real force without complying with the aforementioned due process, then the police officer cannot be deemed a lawful performance of official duties (see, e.g., Supreme Court Decisions 99Do4341, Jul. 4, 200; 2004Do5894, Nov. 26, 2004; 2006Do2732, Nov. 23, 2006); and