A. In the first instance trial, the Defendant, by misapprehending the legal doctrine on the part concerning the violation of the Act on the Control of Narcotics, argued that the Defendant was guilty of the violation of the Act on the Control of Narcotics, Etc., and argued for mental or physical weakness or the loss of mind and body.

On May 11, 2016, the police officer of the Suwon Police Station AB Team arrested the defendant on or around 22:00 and did not give an arrest warrant, and did not give an arrest warrant and did not give an arrest warrant. The following day show an arrest warrant of around 04:00 and handed over it over to the contrary to narcotics of the Suwon District Public Prosecutor's Office around 09:00.

The defendant voluntarily submitted the defense to the prosecution.

Even if there is no evidence collected through an investigation conducted after the arrest, it is not admissible as evidence of illegal collection.

B. The punishment sentenced by the lower court (two years of imprisonment, additional collection 14.6 million won) is too unreasonable.

2. Determination

A. The lower court determined that the prosecutor convicted the Defendant of the violation of the Act on the Control of Narcotics, Etc. based on evidence, such as a report of urinal seizure, a written reply to an appraisal, etc., on the ground that there was no illegality in the procedure of seizure by voluntarily submitting a defense from the Defendant, as stated in its reasoning.

2) The following facts are acknowledged according to the judgment of the court below and the evidence duly adopted and examined by the court below.

(1) On February 18, 2016, the Defendant issued a warrant of arrest to commit a crime of violation of defense justice at the Suwon Friwon, and was tried by the same court as an injury crime.

On April 8, 2016, a detention warrant for confinement was issued, and was assigned to each of the above crimes.

(2) On May 11, 2016, police officers AC, AD, and AE of the Suwon Military Police Station arrived at the HPC room G located in the Suwon Military Police Station G on May 23:42, 201, and confirmed the details of the number of inquiries to carry, and arrested the Defendant, and enter the police station at around 23:55, and enter the police station at the detention room at around 23:5, and enter the office of the Suwon Local Public Prosecutor’s Office, which is the agency with multiple times, by facsimile.