The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant to KRW 1 year and June, additional collection of KRW 100,000, and appealed on the grounds of mistake of facts and misapprehension of legal doctrine.

B. The trial prior to the remand rendered a judgment dismissing the Defendant’s appeal by rejecting the Defendant’s assertion.

On the other hand, the defendant appealed on the ground of misunderstanding of legal principles.

(c)

The Supreme Court reversed the judgment of the court below on the ground that there was an error of law by misunderstanding the legal principles as to the legality of voluntary accompanying and the principle of exclusion from illegally collected evidence before remanding the case, which affected the conclusion of the judgment, and remanded the case to this court.

2. The police officers of the gist of the grounds for appeal forced the Defendant to open the door of the Defendant’s Moel room and to arrest and force the Defendant, and the Defendant did not voluntarily accompany the Defendant.

The evidence collected after illegal arrest has no admissibility as evidence of illegal collection, and the court below's judgment which found the defendant guilty of the charge based on the illegally collected evidence has errors of misunderstanding of facts and misunderstanding of legal principles.

3. Determination

A. The summary of the facts charged in the instant case, around April 3, 2017, at around 20:0, the Defendant administered the Meptile chere in a way of dilution 805 heading in Changwon-si, Changwon-si, the Defendant administered approximately 0.03 g of a single medication, which is a primary mental medicine, by dilution of approximately 0.03g of a single medication into the left part by using a disposable injection device.

B. (1) Determination 1) Article 199(1) of the Criminal Procedure Act provides that “The investigation may be conducted to achieve the purpose of the investigation.”

Provided, That compulsory measures shall be taken only where otherwise provided for in this Act to the minimum extent necessary.

The principle of voluntary investigation is stipulated as "........."

In the course of the investigation, an investigator.