The judgment below

The control of narcotics, etc. on March 30, 201, Apr. 25, 2011, Jun. 1, 2011 and Jun. 1, 2014.

The grounds of appeal are examined.

1. Regarding the prosecutor's grounds for appeal

A. The current criminal who is committing or immediately after committing a crime may be arrested without a warrant (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender as a flagrant offender, there should be concerns about punishment for the act, the current situation of the crime, and the necessity of arrest, i.e., the necessity of escape or destruction of evidence in addition to the apparentness of the crime (see Supreme Court Decision 98Do3029, Jan. 26, 199, etc.). Determination as to whether a flagrant offender satisfies the requirements for the arrest of a flagrant offender should be made based on the situation at the time of the arrest, and there is considerable discretion in determining the subject of the investigation.

I would like to say.

Therefore, inasmuch as the determination of the investigating body on the requirements at the time of arrest is deemed unreasonable in light of the empirical rule, it is not readily concluded that the arrest of the investigating body was unlawful (see Supreme Court Decision 2012Do8184, Nov. 29, 2012, etc.).