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(영문) 의정부지방법원 2020.08.28 2020노161

마약류관리에관한법률위반(향정)등

Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two years of imprisonment, confiscation, and collection) is too unreasonable.

B. A prosecutor 1) In light of the fact that there is a misunderstanding of facts (a) Defendant B’s phiphone medication, even if the arrest of Defendant B in the act of committing the crime (hereinafter “the arrest of the criminal in the act of this case”) is illegal, Defendant B’s cather and cather procedure was lawfully conducted based on the warrant issued by the judge, Defendant B was bound by the warrant issued by the judge, and the examination of legality of detention was also dismissed, and the crime of caton medication caused serious harm to the physical and mental health of the people and society, etc., the cather and the cathere procedure (hereinafter “cather and cathere procedure in this case”) is lawful and the admissibility of evidence obtained through this is also recognized.

Nevertheless, the court below denied the admissibility of evidence acquired through urology and urology of this case and acquitted the facts charged. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B) The lower court acquitted Defendant A of this part of the facts charged on the ground that there was no evidence to prove the Defendant’s confession. However, even if the seizure procedure on the philophone as stated in this part of the facts charged is unlawful, the content indicated in the column of seizure is a separate independent evidence that does not affect whether the seizure procedure was lawful as it includes the statement of a person who directly appeared at the scene of the crime. Of the protocol of seizure of the instant philophone, the content of the protocol includes the discovery of a philophone that corresponds to the confession of the Defendant A at the relevant time, and thus, it may constitute reinforced evidence. (2) Defendant B was involved in the crime of this part.