Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

In the case of a misunderstanding of facts or misapprehension of legal principles, the police arrested the defendant as a flagrant offender on February 13, 2013 among the facts constituting the crime of the court below, but the above arrest was illegal as failing to meet the requirements for the arrest of flagrant offender or quasi flagrant offender. The above arrest was also illegal, such as philophones and dactphones during illegal arrest, and urgical inspections were also illegal, and based on this, a confirmation letter, opinion letter, and report of request for appraisal request, etc. are inadmissible by the rules of the excluding illegally collected evidence.

Therefore, the lower court found the Defendant guilty on the grounds that there was no evidence to prove the facts constituting the crime in this part, thereby misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.

Judgment

According to the judgment of the court below and the evidence duly admitted and examined by the court below as to whether the arrest of the defendant in the act of committing a crime was legitimate or not. ① On February 13, 2013, the defendant was found to his domicile in order to investigate the witness by judging that the defendant was an important witness during the investigation of the camopon medication case against W, etc. ② At the time of cambling, the defendant was informed of his intention to cooperate with the investigation, and the defendant was asked for identification card after the notification of the camopon medication case about W, etc.