The defendant's appeal is dismissed.

The lower court, on November 23, 2016, did not possess 170.04 g (hereinafter “the instant phiphone”) at the time when the police was arrested on November 23, 2016 by the police. The police officer, etc.: “When voluntary submission of phiphones is made, the act of carrying phiphones is not punishable, and the act of carrying phiphones is to be considered as favorable sentencing factors even for philophones,” and led the Defendant to submit the instant phiphones, and the Defendant led G to voluntarily submit the instant phiphones.

Since the defendant voluntarily submitted the instant phiphone as above, it is unreasonable to prosecute the defendant by applying the provisions on the aggravated punishment of drug crimes under Article 11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

또 한 경찰은 2016. 11. 23. 피고인을 체포하는 과정에서 G에 대하여도 팔짱을 끼고 강제로 데리고 오는 방법으로 위법한 체포를 하였고, 이어서 G에 대하여 영장 없이 강제로 가방을 빼앗고 몸수색을 하는 등의 위법한 압수 수색을 하였는바, 이 사건 필로폰을 압수하는 과정이 위법하였으므로, 이 사건 필로폰 및 이에 관한 압수 조서 등은 위법수집 증거에 해당한다.

Nevertheless, the judgment of the court below which found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles

Since the Defendant, after being arrested by the police on November 23, 2016, voluntarily voluntarily submitted the instant phiphones, the Defendant voluntarily submitted the instant phiphones. As such, the Defendant made the number of persons under Article 52 of the Criminal Act, and the punishment should be mitigated by applying the same.

The punishment sentenced by the court below to the defendant (4 years of imprisonment, etc.) is too unreasonable.

In fact, misunderstanding of legal principles is alleged.