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(영문) 서울남부지방법원 2019.09.20 2019노1110

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, emergency arrest against the defendant is unlawful by failing to comply with the procedure, such as not only failing to meet the requirements but also failing to notify the right to appoint a defense counsel, and the result of the examination on the prosecution and the hair submitted in an illegally arrested state shall also be admissible as evidence.

In addition, the defendant consented to the gathering of her inner part and her inner part in the horses of the judicial police officer that "if the defendant consents to the gathering of her inner part and hair, he/she will be able to undergo an investigation into her inner part". The appraisal results of her inner part and her inner part in the process of collecting her inner part in this respect are inadmissible.

As above, the court below convicted the defendant on the basis of the evidence which has no admissibility, and the court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and additional collection) is too unreasonable.

2. Determination

A. 1 Whether the emergency arrest is lawful or not satisfies the substantive requirements