The prosecutor's appeal is dismissed.

1. The abstract of reasons for appeal has voluntarily accompanied the defendant under the state of arbitracy;

There are sufficient objective circumstances to determine.

Since the defendant's voluntary accompanying is legitimate.

Therefore, the lower court found the Defendant not guilty on the ground that voluntary accompanying was illegal, thereby misunderstanding the fact that it was erroneous and adversely affecting the conclusion of the judgment.

2. Determination:

A. Relevant legal principles 1) An investigator’s accompanying a suspect to an investigative agency, etc. in the form of obtaining consent from the parties during the course of an investigation is limited in real freedom of body of the other party and actually placed in a situation similar to an arrest without a warrant. However, there is no institutional and practical means to restrain accompanying without a warrant, and it is highly likely that there is a result contrary to the principles of criminal litigation law, such as the provision of various guarantee measures for rights to the suspect under the Constitution and the Criminal Procedure Act to the other party on the ground that it is before the regular arrest stage, and there is no possibility that the investigator may refuse accompanying to the suspect prior to the accompanying, or that the accompanying suspect could leave from the accompanying place at any time, is clearly proved by objective circumstances such as the suspect’s voluntary will to have been accompanied to the investigative agency, etc. (see, e.g., Supreme Court Decisions 200Do6810, Jul. 6, 2006; 200Do63719, Jun. 27, 2001).