마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for a term of one year and four months.
10,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Punishment of the crime
On April 19, 2016, at around 16:00, the Defendant dices approximately 0.04g of mert am in coffee at the Defendant’s house located in the Dong-gu Incheon Metropolitan City (i.e., one philopon; hereinafter “philopon”).
Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. A report on investigation (e.g., the arrest process of the suspect), and the presentation photograph of an arrest warrant;
1. Each narcotics appraisal statement [the defendant's defense counsel] asserts that since the police officer exercised the real force for the arrest before giving notice of the summary of the offense, the reason for arrest and the opportunity to defend himself/herself, etc., the illegality exists in the arrest process, and the evidence obtained based on this cannot be used as evidence of guilt, the crime of this case is not proven.
However, the police officer who arrested the defendant at the time exercised the real force against the defendant prior to notifying the summary, etc. of the crime, by comprehensively taking account of the witness D and E’s respective legal statements and investigation reports as to the background of arrest of the defendant.
It seems that the arrest warrant was executed according to legitimate procedures, but no illegality can be found during the arrest process, and the evidence submitted by the prosecution cannot be considered inadmissible.
Therefore, the defendant's defense counsel's assertion is without merit, and the above facts of crime are proved.
(Witness E made a statement to the effect that “I will get the Defendant’s arms after the Defendant’s order,” and made a statement to the effect that E may cause fear that I would exercise the real force before notifying the summary, etc. of the suspected fact, and the Defendant’s defense counsel is unlawful in the course of arrest, focusing on these E’s statement.