The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The seizure of philopphones, etc. possessed by the defendant at the time of arrest and arrest of the defendant against the misunderstanding of the facts or misapprehension of the legal principles is unlawful arrest and seizure in violation of the Criminal Procedure Act. The evidence, such as the seizure articles and the defense collected by the defendant with illegal arrest, notification of wire as a result of appraisal, etc., are inadmissible.

In addition to the confession of the accused who conforms to the facts charged, there is no evidence to guarantee the authenticity thereof, and thus the accused shall be acquitted.

B. Sentencing

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of legal principles, any person may arrest a flagrant offender without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, there should be concerns about punishment of the act, the current and temporary contact of the crime, the necessity of arrest, i.e., escape or destruction of evidence in addition to the apparentness of the crime and the crime. Determination whether the requirements for the arrest of the flagrant offender are satisfied should be made based on the situation at the time of arrest, and there is room for considerable discretion in the determination of the subject of the investigation.

Therefore, in a situation at the time of arrest, unless it is recognized that the judgment of the investigative body on the requirements is considerably unreasonable in light of the empirical rule, it is not determined that the arrest of the investigative body is illegal.