경찰관 상대 모욕 현행범인 체포의 요건

• 영문명: Requirementstoarresttheflagrantdelictor whoinsultedpoliceofficers
• 발행기관: 한국형사판례연구회
• 저자명: 한제희(Je-Hee HAN)
• 간행물 정보: 『형사판례연구』형사판례연구 제23권, 575~616쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

Today, those cases which drunk people are to be put to violent to police officers that perform the public service in the night are going to frequently. If a drunk man did a assault and intimidation to police officers that are performing a public service, he can be punished by public affairs executive interference sin, but if he tried only an abuse, he can be arrested and punished by contempt. But there is criticism that abuse the public authority for this. Whether arrest of flagrant delictor is legitimate, it is to be judged on the basis of the time of arrest situation, and police officers must have an accurate understanding of the requirements of arrest. For this, the law and judicial precedent must give an accurate guide line to police officers in order that able to arrest the culprit and to crush the crime. However, if there are different conclusions that the cases of two of judgment there is no difference, precedents of the court is not the role of the criteria was firmly in the investigation field of clear distinction, the side is that rather it was confusing. In order to solve this confusion, I think that “anxiety of flee or destroy evidence” shall be excluded as the requirements of a flagrant delictor, and if not a serious case or a urgent case need to determine whether there is a need to arrest.

목차

[대상판결 1] 대법원 2011. 5. 26. 선고 2011도3682 판결

[대상판결 2] 대법원 2012. 11. 29. 선고 2012도8184 판결

Ⅰ. 시작하는 말

Ⅱ. 현행범인 체포의 요건

Ⅲ. 현행범인 체포의 요건으로서 ‘체포의 필요성’의 당부

Ⅳ. 대상판결 사안의 검토

Ⅴ. 맺는말

키워드

현행범 체포 현행범인 체포 모욕 경찰관 flagrant delictor criminal taken in an act of crime arrest contempt insult police officer