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(영문) 수원지방법원 2020.11.13 2020노3945

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In light of the legal principles, a warrant of search, seizure and verification (2020-281), which the police first issued, was illegally issued on the basis of the suspected crime that the police officer constituted false facts without specific evidence or information, and thus, the defense and hair of the defendant taken based on the above warrant are inadmissible as evidence collected unlawfully, and the defense and hair taken after arresting the defendant by the warrant of search, seizure and verification (2020-429) based on the warrant of search, seizure and arrest issued later, are inadmissible as evidence acquired during the illegal state.

Nevertheless, since the court below fully recognized the admissibility of evidence and determined that the defendant was guilty on this part of the facts charged, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

Judgment

A. On January 20, 2020, at around 05:00, the Defendant, a summary of the facts charged (the point of each philophone medication) (the Defendant is not a narcotics handler). A) around January 20, 202, the Defendant, at the Defendant’s residence in Michuhol-gu Incheon, Michuhol-gu and the Defendant’s dwelling, put 0.03g of psychotropic drugs in an insulgic injection machine for insulgin (the “one philophone”) into a sulg insulgn and dilution it with the Defendant’s life, administered philophones by means of injection into the Defendant’s right bloodline.

B) At around 22:00 on April 4, 2020, the Defendant administered 0.03g of philophones at the residence of the above Defendant in the same manner as described in paragraph (a).

Accordingly, the Defendant administered philophones over twice.

2 Judgment