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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. When the lower court, on May 27, 2015, arrested a flagrant offender (hereinafter “Arrest of a flagrant offender”) due to the instant crime on or around May 21, 2015, prosecution investigators did not notify the Defendant pursuant to Article 200-5 of the Criminal Procedure Act, and notified the Defendant of the above notification after ten minutes of arrest, and the statement made by G, who was the informant of the instant crime, was apparent that the Defendant possessed a phiphone.
As such, the arrest of the flagrant offender of this case is illegal.
B. The sentence sentenced by the lower court (one year of imprisonment, confiscation) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal doctrine, a prosecutor or a judicial police officer shall give a suspect an opportunity to defend himself/herself by stating that he/she may appoint a defense counsel pursuant to Article 200-5, which applies mutatis mutandis by Article 213-2 of the Criminal Procedure Act, in cases where the current criminal is arrested or the general public is handed over, and such notice shall be given in advance before entering the exercise of the real force for the arrest. However, in principle, if a person who runs away from a criminal or is under the influence of a person who runs away from a criminal suspect or is under the influence of his/her defense counsel, such notice shall be given without delay in the course of attachment or restraint or suppression (see, e.g., Supreme Court Decision 2011Do7193, Feb. 9, 2012). According to the evidence duly examined by the court below, according to the evidence duly admitted, the prosecutor’s office investigator can sufficiently recognize the defendant’s right to defend himself/herself as at the time of the arrest, the opportunity to inform the defense counsel, etc.
Even if the above notification was made after the arrest as alleged by the Defendant, in light of the fact that there is a high risk of escape when arresting a drug offender, it shall be immediately after the physical pressure process.