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TITLE Supreme Court Decision 2013Do2168 Decided March 15, 2017【Obstruction of Performance of Official Duties; Bodily Harm】* First draft [full Text]
Summary
[1] Requirements for a crime prevention measure taken by a police officer pursuant to the former Act on the Performance of Duties by Police Officers that must be met for such measure to be deemed a lawful performance of duties
[2] In cases where a prosecutor or law enforcement officer arrests a flagrant offender, the timing of informing the offender regarding the essential facts of the suspected crime, the reason for arrest, and the right to defense counsel
[3] Meaning of “lawful performance of official duties” in the crime of obstruction of the performance of official duties; whether a police officer’s attempt to arrest a flagrant offender by use of force in non-compliance of the requisite procedures constitutes lawful performance of an official duty (negative)
[4] Elements to establish self-defense; whether an act in defense against an unlawful infringement of another person’s legal interests can be deemed self-defense and the act’s illegality can be precluded if there exists reasonable ground (affirmative)
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