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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is undue than imprisonment with prison labor for not less than one year and six months, additional collection of 403,000 won) imposed by the court below.
2. Determination
A. Comprehensively taking account of the following circumstances: (a) the Defendant committed the instant crime during the period of repeated offense due to narcotics crimes; (b) the Defendant’s criminal records and other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime was committed, the lower court’s punishment is too unreasonable; and thus, the Defendant’s assertion is groundless
B. On March 20, 2019, the Defendant first asserted an investigation into war on the date of the first trial of the court of first instance on the fact that it failed to meet the requirements for emergency arrest, and, on May 2, 2019, issued a written opinion of the counsel on May 2, 2019 that “the emergency arrest is lawful, and was not notified at the time of the arrest.”
This is not a legitimate reason for appeal, but it is ex officio.
(1) The Defendant asserts to the effect that, at the time of emergency arrest, only H’s statement was used as evidence for his offense, and there was no other evidence, so it did not meet the requirements of reasonableness of the emergency arrest, and that the emergency arrest, even though it was sufficiently possible to arrest by the warrant, did not meet the requirements of urgency of the emergency arrest.
Dod Emergency Arrest is an exception to the warrant requirement principle, and it is exceptionally permitted only when all the requirements of Article 200-3(1) of the Criminal Procedure Act are met. Emergency Arrest which fails to meet the requirements is an illegal arrest which is not a warrant based on the legal basis. It is not determined based on the ex post facto facts, but at the time of arrest.