The appeal is dismissed.

The grounds of appeal are examined.

The provisions concerning the execution of a sentence of imprisonment shall apply mutatis mutandis to the detention in a workhouse by a fine (Article 492 of the Criminal Procedure Act). A public prosecutor, who is an execution agency of a sentence, may summon the parties for the execution of the sentence, and if the parties fail to comply with such summons, a warrant of execution may be issued to a compulsory appearance.

Article 473 of the Criminal Procedure Act (Article 475 of the Criminal Procedure Act). Article 475 of the Criminal Procedure Act provides that Article 475 of the Criminal Procedure Act shall apply mutatis mutandis to the execution of warrant of execution of detention in this case, and the " provision on detention of the defendant" of this case refers to " provision on the execution of warrant of detention of the defendant." Thus, Article 70 of the Criminal Procedure Act on the grounds for detention or Article 72 of the Criminal Procedure Act on the notification of reasons for detention shall not apply

On the other hand, if a judicial police officer intends to arrest a person subject to a fine for the execution of detention in a workhouse, he shall present a writ of execution issued by the public prosecutor to the other party (see Article 85(1) of the Criminal Procedure Act). However, in case of failure to possess a writ of execution, if it is urgently required, he may execute it with the other party stated that the reason for execution of punishment and the warrant

(See Article 85(3) of the Criminal Procedure Act). In addition, the phrase "when urgent arrest is required" that can be made without presenting a writ of execution of punishment refers to the case where a judicial police officer assists the other party in the execution of punishment without sufficient time to possess a lawfully issued warrant of execution of punishment.

(see, e.g., Supreme Court Decision 2010Do8591, Oct. 14, 2010). The lower court, based on the duly admitted evidence, held the police officers temporarily on the road in order to arrest other booms at night.