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(영문) 서울고등법원 2015.08.28 2015노1515

특정범죄가중처벌등에관한법률위반(향정)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant on the charge of the administration of philophones on June 201 by misapprehending the legal principle (legal scenarios, unreasonable sentencing) is erroneous in the misapprehension of the legal principle, even though there is no evidence of reinforcement, in addition to the confession of the defendant. 2) The sentence imposed by the court below on the defendant (the sentence No. 1-b, 1-b, and 2-year imprisonment with prison labor for the crime No. 1) is too unreasonable.

B. In finally determining whether to recognize the admissibility of seized articles collected in violation of the procedure prescribed by law by the prosecutor (legal scenarios) 1 (not guilty part) by misapprehending the legal principles, the evidence can be exceptionally used as evidence for conviction in certain cases by comprehensively examining all circumstances related to the violation of the procedure committed by an investigative agency in the process of collecting evidence. The same applies to secondary evidence obtained based on the collected evidence in violation of due process.