beta
(영문) 울산지방법원 2017.09.27 2017노657

마약류관리에관한법률위반(향정)

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

A seized philophone 8.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the judgment of the court below, as long as the emergency arrest of the instant case was unlawful as it was illegal, Defendant 1 consented in the form of submission by the investigative agency to the prosecution following the fact-finding, misunderstanding of the legal principles as to the convicted portion (2016 high group 4341 case) of the judgment of the court below) refers to the summary of the suspected crime, the reason for arrest, and the opportunity to defend himself/herself, and the opportunity to defend himself/herself. The Defendant was urgently arrested on September 21, 2016 (hereinafter “emergency arrest”).

Even if the relationship with the person cannot be seen as dilution, the evidence should also be excluded as evidence of illegal collection.

C) Meanwhile, the investigation by a witness and the voluntary submission of E’s phiphones after the instant urgent arrest was conducted.

Thus, this case also constitutes illegally collected evidence due to the illegality of the emergency arrest of this case, and thus, it is not admissible.

D) Thus, although there is no evidence of reinforcement other than the Defendant’s confession, the lower court erred by misapprehending the legal doctrine and thereby finding the Defendant guilty.

2) The punishment (one year and four months of imprisonment, confiscation, and collection) sentenced by the court below (the defendant is considered to be subject to the judgment of this court) is too unreasonable, since it does not fall under the legitimate grounds for appeal, since the defendant asserts it after the lapse of the period for appeal.

B. A prosecutor 1) In full view of the evidence submitted by the Prosecutor and misunderstanding of the legal principles as to the portion not guilty (2017 order 106 case), the lower court erred by misapprehending the legal doctrine, and thereby acquitted the Defendant on the part of the lower judgment.

2) Of the lower judgment, the Defendant is guilty.