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(영문) 대구지방법원 2019.08.30 2019노1935

마약류관리에관한법률위반(향정)

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and ten months of imprisonment) is too unhued and unfair.

B. Defendant 1) The police officer’s emergency arrest against the Defendant after the Defendant forced the Defendant to act on his own, even though the Defendant refused to act on his own. Thus, the emergency arrest against the Defendant is unlawful. (2) The evidence of Nos. 8 through 11, 14 through 18, 26 through 29 of the evidence list was collected during the illegal investigation process, and thus, the evidence is inadmissible.

3. The Defendant did not administer philophones around December 1, 2018 as indicated in the facts charged in the instant case, and the Defendant’s arbitrary submission of philophones is not a philophone, but a philophones, and did not possess 0.36 g of philophones.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The defendant and defense counsel asserted the same argument as the reasons for appeal in the court below's judgment on the legitimacy of voluntary behavior and emergency arrest, and the court below rejected the defendant's and defense counsel's assertion and judgment in detail under the title of "determination on the defendant's and defense counsel's assertion". The court below's aforementioned fact-finding and judgment are just and acceptable according to the evidence duly adopted and examined by the court below. Thus, it cannot be deemed that voluntary behavior against the defendant against the defendant is against the defendant's will and constitutes an illegal arrest.

Furthermore, the following circumstances that can be comprehensively considered and known, i.e., the defendant, under the circumstances of strong suspicion of possession and medication of phiphonephones, requested the defendant to return home without complying with the collection of cathos, and the defendant was likely to destroy evidence. Since there was no time for the court to issue a warrant of arrest, there was a reason for emergency arrest, and the police officer issued a warrant of detention from the court in accordance with the procedure stipulated in the Criminal Procedure Act after an emergency arrest of the defendant.

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