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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the part that interferes with the performance of official duties by mistake of fact, the fact that the Defendant took a bath at the police station and inflicted an injury on the police officer E during the course of arrest is not legitimate for the Defendant to arrest a flagrant offender. However, the police officer’s performance of duties by illegal arrest is not legitimate.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. Determination as to the Defendant’s assertion of mistake of facts is established when a crime is committed against or threatened to a public official who performs official duties under Article 136 of the Criminal Act. The assault here is sufficient to exercise a tangible force against a person, and does not necessarily mean that it is against his body. Moreover, it does not require a specific interference with the execution of official duties as an abstract dangerous offender (see Supreme Court Decision 2005Do6725, Oct. 28, 2005, etc.). Meanwhile, “in the course of obstructing the performance of official duties” does not refer only to the case where a public official directly performs necessary acts in the performance of his official duties, but also to the case where a public official is in the status of his official in the performance of his official duties. Accordingly, considering the nature of his duties, it is inappropriate to discuss the process of performing official duties separately, and it is reasonable to understand the process of performing official duties as a series of acts comprehensively and comprehensively.
That is, (see Supreme Court Decision 2008Do9919, Jan. 15, 2009, etc.). And the current offender who is committing or immediately after committing a crime may be arrested without a warrant (Article 212 of the Criminal Procedure Act). To arrest a flagrant offender, an act is conducted.