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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant did not administer philophones, and the charges against the Defendant were not specified.
2) Voluntary accompanying of the Defendant constitutes an illegal arrest, and thus, the urgent arrest is also unlawful.
Therefore, evidence collected after the above illegal arrest is inadmissible as evidence of illegal collection.
B. The punishment of the lower court is too heavy (a two-year imprisonment, additional collection).
2. Determination
A. Determination 1 on the facts charged in the facts charged ought to be made by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the law demanding the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient to include the facts constituting the elements in question in a manner that can be identified from other facts, and even if the date, place, method, etc. of a crime are not specified in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the facts charged, and it is inevitable to indicate the facts charged, and if it does not interfere with the defendant’s exercise of his/her right to defense, the contents of the indictment are not specified.
In light of the evidence duly adopted and examined by the lower court, the lower court indicated the date and time of the instant crime on the basis of the date and time of gathering the urine from which the reaction to the training of phiphone was lawfully taken and the period during which the phiphone was discharged from the philophone medication after the philophone medication to September 24, 2017, and indicated the date and time of the instant crime within the six-day period from September 19, 2017 to September 24, 2017, based on the Defendant’s statement, etc. as to the place where the aforementioned urine was residing or traveling six days prior to the date of gathering the urine.