The defendant's appeal is dismissed.

1. The emergency arrest against the accused of the gist of the grounds of appeal does not require the emergency arrest, and it is unlawful because the accused does not notify the gist of the suspected fact at the time of the arrest, the reason for arrest and the right to appoint a counsel, and the evidence collected among the emergency arrest is inadmissible as illegally

(Lawios). Punishment (one year of imprisonment, confiscation, and collection) imposed by the court below is too unreasonable.

(F) Determination; 2. Determination

A. 1) Determination of misapprehension of legal principles as to whether an emergency arrest requirement is satisfied shall be based on the situation at the time of the arrest. The judgment of the investigative body, such as a prosecutor or senior judicial police officer, is likely to have considerable discretion. However, the emergency arrest can only be assessed as illegal arrest only when the public prosecutor or judicial police officer’s judgment on whether the requirements are met is considerably unreasonable in light of the empirical rule in light of the circumstance at the time of the emergency arrest (see, e.g., Supreme Court Decision 2005Do7569, Dec. 9, 2005). Emergency arrest can only be assessed as unlawful arrest (see, e.g., Supreme Court Decision 2005Do7569, Dec. 9, 2005). In such cases, “when there is no time to obtain an arrest warrant, such as where an emergency arrest warrant is discovered by a suspect,” even if there is a considerable reason to suspect that the defendant committed a crime related to narcotics, even if it does not necessarily constitute an emergency arrest warrant against the defendant.