마약류관리에관한법률위반(향정)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not administer philophones on his own. The Defendant 1 administered philophones on his own. The Defendant 2 was a philophones. The lower court determined that it was lawful to arrest the Defendant in the act of committing the crime on the ground of the lower court’s misunderstanding of legal principles.
However, in light of the fact that ① did not notify the principle of non-sus at the time of arrest, ② the arrest of a person in violation of the proportionality at the time of arrest, ③ Defendant was not a driver causing a traffic accident, ④ Defendant was not a driver causing a traffic accident at the time, ④ Defendant was not a driver causing a traffic accident, and the degree of damage at the time of the occurrence of the traffic accident at the time of the accident at the time of the accident at issue and the degree of the occurrence of traffic trouble, it constitutes illegal
Second, the court below deemed that the appraisal report does not constitute illegal collection evidence, but in light of the following: (i) the arrest of a flagrant offender in the action that was not taken after the accident is illegal; (ii) the illegality of the arrest after the arrest warrant is confirmed to be a designated person; and (iii) the arrest after the arrest is succeeded to the arrest after the arrest warrant; and (iv) the arrest after the arrest is not notified of the principle at the time of the subsequent arrest, etc., the court below should deem the arrest and the degree of illegal arrest; and (v) the appraisal report based on the argument and the recovery of hair during the illegal procedure constitutes illegally collected evidence
3) The lower court’s sentence of unreasonable sentencing (two months of imprisonment and one hundred thousand won of additional collection) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In full view of the statement of F by the witness F and the statement of the appraisal report by the court below as to the defendant's assertion of mistake of facts, the defendant can recognize the fact that he administered phiphones at the date and place of the decision of the court below, so the argument of
B. Judgment on the Defendant’s assertion of misapprehension of the legal doctrine