The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The misapprehension of the legal principle concerning the instant phiphones, marijuana, etc. (hereinafter “instant seized articles”) was received from the part of the E Hospital where the Defendant was hospitalized by the investigation agency, and seized them. Since the person in charge of the said hospital cannot be deemed to be in the position of the custodian of the above seized articles in relation to the Defendant, voluntary submission is not established, and the seizure procedure for the said seized articles is unlawful as it was without warrant.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, Article 218 of the Criminal Procedure Act provides that "a public prosecutor or judicial police officer may seize things left behind by a suspect, or any other person, or articles voluntarily submitted by the owner, possessor, or custodian without a warrant." The main text of Article 112 of the same Act, which is applied mutatis mutandis pursuant to Article 219 of the same Act, provides that "any person in a position of attorney-at-law, patent attorney, notary public, certified public accountant, certified public accountant, tax accountant, doctor, herb doctor, pharmacist, pharmacist, midwife, nurse, or any other person in a position of religion may refuse seizure of others' confidential matters with articles possessed or kept by a person entrusted in the position of his/her duty." Unlike the Criminal Procedure Act and other Acts and subordinate statutes, if the blood investigating agency collected for the purpose of medical examination and treatment arbitrarily submitted the blood of a patient for the purpose of medical examination and treatment, the use of such blood evidence does not necessarily require the consent of the defendant, unless there is any special reason such as infringement of the patient's privacy or personal interests.