A. misunderstanding the legal principles, an investigation agency, after arresting the F with a warrant of arrest, shall search the F without a warrant of search and seize the room other than the place where the F was arrested, and immediately arrest the Defendant, and there was no notification of the right to refuse to make statements at the time of the urgent arrest, and there was no urgency since it was possible to identify the Defendant and arrest him by a warrant of arrest. As such, the urgent arrest of the Defendant constitutes an illegal arrest that does not meet the requirements, and the evidence collected in an unlawful arrest condition cannot be considered as evidence of conviction.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Determination of misapprehension of the legal doctrine’s assertion 1) Determination of whether an emergency arrest requirement is satisfied is not based on the circumstances revealed ex post, but on the basis of the situation at the time of arrest. In this regard, there is room for considerable discretion in judgment by a prosecutor or a judicial police officer, etc.

However, in light of the circumstances at the time of emergency arrest, if a prosecutor or judicial police officer's judgment on whether the requirements are met is considerably unreasonable in light of the empirical rule, the arrest is illegal body (see Supreme Court Decision 2008Do2099, May 29, 2008). 2) In full view of the evidence duly adopted and examined by the court below, the police confirmed that ① the police was located near the E hotel located near the E hotel in e in e in e in e in e in e in e in e in which a warrant of arrest was issued for real-time location while tracking the F mobile phone location where the warrant of arrest was issued due to the suspicion of opon trading, and ② the police confirmed that the F was parked in the above hotel parking lot as a result of the above CCTV verification by the police around January 23:00, 201, and the F entered the above hotel No. 1006 with the defendant and the above hotel No. 1008:3106, Mar. 6, 2016.