착오적 경찰작용에 대한 저항행위와 그 허용한계

Abstract

According to the majority opinion of the Supreme Court and academia, When the police want to arrest innocent people to misunderstand the culprit, Citizens should not resist his arrest actions as much as possible. If there is a misunderstanding and that good cause, That is a duly arrested. So, Resistance acts against him may be punished by Obstruction of justice. On the contrary, the illegal arrest like not noticing requirement, not including a reason for arrest, Criminals can resist even if there is. Even if you are inflicting injury to a police officer, It Can be self-defense. But not the totalitarian state that value the interests of the state, From a national perspective the rule of law to be protected with a free area of civil, If the resistance's actions ought to be justified to be arrested, Resistance of innocent people should be allowed. The aim of this paper, In the mistaken assumption that the unlawful arrest of police, Resistance for it does not constitute an Obstruction of justice. Although The Supreme Court has ruled that a mistaken arrest in a legitimate is legal acts, This paper will present a legitimate reason for the error to indemnity. And the Supreme Court does not distinguish between lack arrested requirements and wrong way of arrest, The Supreme Court says that all parties act is justified. However, this paper was to distinguish that two types. Because Resistance of innocent people and the resistance of the killer are different in nature. In other words, resistance actions against illegal arrest may well be justified in accordance with the mistaken arrest. But, Acts of resistance when arrested the wrong way(not noticing the arrest) can not be a de facto self-defense.