마약류관리에관한법률위반(대마)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence subparagraph 1 shall be confiscated.
1. The summary of the grounds for appeal: The defendant was illegally arrested by a warrant of arrest issued by a false accusation, and thus, the hair or urine taken by the defendant during the arrest period, and a written appraisal based thereon, shall be inadmissible as evidence collected in whole.
The punishment of the lower court (ten months of imprisonment) is too unreasonable.
Prosecutor: The sentence of the court below is too unhued and unreasonable.
2. According to the evidence duly adopted and investigated by the lower court, the lower court: (i) upon F’s report, the police administered phiphonephones to the police on October 201; (ii) applied for a warrant of arrest on the crime in which the Defendant possessed and stored the hemp on October 25, 201; and (iii) issued a warrant of arrest on May 7, 201, upon the request of the police, issued the warrant of arrest on May 28, 2012; (iv) arrested the Defendant at G convenience points where the Defendant is working; and (v) seize two pipes for marijuana used for smoking in the first floor above convenience points where the Defendant resides in the process; and (v) the police collected urine and hairs with the consent of the Defendant on the same day; (v) the Defendant was investigated by the police; and (v) the Defendant refused to comply with the request of the latter for a warrant of arrest on November 1, 2011.
The above procedure of arrest and collection of evidence by an investigative agency is legitimate in accordance with the relevant provisions of the Criminal Procedure Act, and this part of the defendant's assertion is without merit.
Furthermore, while the defendant's attempt to stop marijuana, it cannot be seen that the defendant seems to have shown a serious reflective light, such as claiming that evidence collection procedures are illegal without reasonable grounds, and the defendant has been punished several times for the same kind of crime, and the defendant committed the same crime during the period of repeated crime, and the age, character, environment, and environment of the defendant.