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(영문) 울산지방법원 2017.05.11 2016고단4341

마약류관리에관한법률위반(향정)

Text

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

No. 1 of the evidence seized at No. 2215 of the Ulsan District Prosecutors' Office, 2016.

Reasons

Punishment of the crime

(2016 Highest 4341) The Defendant is not a handler of narcotics.

1. On September 20, 2016, around 21:30, at the office of the defendant's 2nd floor located in Geum-gu, Busan, the defendant provided the defendant with approximately 8.5g g of the Meppa (one philopon) a local mental medicine to E.

2. The Defendant 1 administered approximately 0.03g of philophones in a single-use injection machine at the same time and place as above, and in a way that melts with melting vesculs.

Summary of Evidence

1. The Defendant’s partial statement in the court - The Defendant asserts to the effect that “the fact of medication is recognized, but it is ultimately not guilty, as there is no evidence of reinforcement,” while the Defendant made confessions as to paragraph 1, and that “the arrest made on September 21, 2016 without any evidence of reinforcement is an illegal arrest made without meeting the requirements for urgent arrest. Therefore, in such circumstances, the result of the request for appraisal or appraisal based on the urine, injection, and phiphonephones (at a time, 23, 29, 31, 44) that all were illegally collected evidence.”

- In full view of the circumstances at the time when the evidence duly admitted, including the testimony of the prosecution investigator F in charge of the arrest at the time, was revealed by the evidence duly adopted, it can be acknowledged that the notice of the f principles was given to the defendant at the time of the emergency arrest, such as the testimony of F, the attitude of the testimony, consistency of the statement, the contents of the statement, and other lawfully adopted evidences, as the testimony of F, when comprehensively considering the circumstances at the time of the examination of the legality of the urgent arrest. The defendant voluntarily called the victim E who was investigated by the prosecutor at the time of the arrest of the case at 9:00 a.m. on the day of the arrest of the case, and the defendant and E sent the phone at the location of the arrest of the case at around 12:30 a.m., and the arrest process of the case at around 12:30 a.m., the arrest warrant is an urgent requirement.