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(영문) 서울고등법원 2016.01.07 2015노2610

마약류관리에관한법률위반(대마)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court of Defendant A (a prison term of 8 months, 2 years of suspended execution, 2 years of additional collection) is too unreasonable.

B. In light of the legal principles of Defendant B1, although the investigation agency did not meet the requirements for the urgent arrest because of the lack of urgency to arrest the Defendant, Defendant B was urgently arrested, and received the help of the interpreter only at the time of the preparation of the first interrogation protocol by the police, it was unlawful in the urgent arrest procedure since the above Defendant did not notify the above Defendant of the summary of the offense, the reason for arrest, the right to appoint counsel, etc., and the above Defendant did not receive the help of the interpreter even in the process of voluntary submission of approximately 30g of the marijuana leaves. Thus, it was not admissible as it constitutes illegally collected evidence, and thus, the evidence was not admissible as evidence for the seizure and appraisal of the marijuana leaves, and the photographs of the above Defendant’s smoking and marijuana leaves cannot be admissible as evidence collection, and thus, the confession of the above Defendant should be the sole evidence, and it should be pronounced not guilty. However, the judgment of the court of first instance is erroneous in the misapprehension of legal principles of the judgment of the court of first instance.

2) The sentence sentenced by the first instance court for sentencing (one year of imprisonment with prison labor, two years of suspended execution, confiscation, and collection) is too unreasonable.

2. Determination

A. On August 1, 2014, Defendant B, at around 18:00 on August 1, 2014, paid less the dust incurred in one cigarette from the container for dormitory use of H, Co., Ltd., Ltd., the members of Ansan-si, Seoul-si, Seoul-si, and made a reduction in the quantity of the cigarette, and then put it into the container and inhale it by attaching a fire, with which the quantity cannot be known.

Accordingly, Defendant B smoked marijuana.

B) At around 11:30 on November 4, 2014, Defendant B put about approximately 3.44 g of marijuana in the container for the above dormitory, and put them in the west to the west.