A. In the process of being arrested as the instant case, the Defendant did not receive from police officers the presentation of arrest warrant or notification of the doctrine of disturbance under the Criminal Procedure Act.

Therefore, the arrest of the defendant is illegal and the evidence based on it is all illegally collected evidence and thus the evidence is admissible, so the defendant should be acquitted.

B. The sentence sentenced by the lower court to the Defendant (one year and four months of imprisonment, and one hundred thousand won of a surcharge) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The judgment of the court below also asserted the same purport as the grounds for appeal, and on this point, the court below stated in the court below that the witness E stated in the court below that “I am the Defendant’s arms,” “I am the Defendant’s arms,” and stated that E may exercise the power before notifying the summary of the suspected fact, etc., and the Defendant and the defense counsel appears to have asserted the illegality of the arrest process, focusing on these E’s statement.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① at the time of the witness D’s testimony in the court below’s court of original trial, it appears that Eul presented a warrant of arrest to the defendant before the defendant, and notified the gist of the crime, etc., of E’s act of selling the defendant to E at the same time, and that the police officer did not exercise the real force to arrest the defendant prior to the presentation of the warrant and notification of the summary of the suspected crime. ② At the time of the execution of the warrant, it was considerably difficult for the defendant to execute the warrant by refusing to complete arrest by the police officer.