(영문) 대구지방법원 2018.03.23 2017노5508 | 리걸엔진

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(영문) 대구지방법원 2018.03.23 2017노5508

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (the purchase and administration of philophones) the Defendant merely purchased philophones without compensation from F, and did not intend to administer philophones with the wind of beer into which M is being kept in the vehicle.

Therefore, the defendant did not purchase or administer philophones as stated in the judgment below.

In addition, when the defendant was arrested in the act of committing the crime around December 8, 2016, he was not notified of the reason for arrest and the right to appoint a person in the act of committing the crime and did not meet the requirements for the arrest of the person in the act of committing the crime, the arrest of the defendant in the act of committing the crime is illegal.

Therefore, evidence collected based on this is inadmissible.

B. The punishment that the court below sentenced against the defendant (the crime No. 1 of the judgment of the court below: imprisonment with prison labor for 6 months and the crime No. 2 of the judgment of the court below: imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. Determination

A. 1) The Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is without merit, even if examining detailed records on the assertion that the arrest of a flagrant offender was illegal, there is no ground to deem the Defendant’s arrest of a criminal investigation agency as illegal.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the purchase of phiphones, namely, ① by requesting the Defendant to seek phiphones from the investigative agency to the lower court’s court, and offered approximately KRW 5g of phiphones which the Defendant sought from I, thereby obtaining KRW 70,000 in return for her purchase of phiphones.

A relatively consistent statement is made, and there is a somewhat different statement about the method of payment, which is judged to be a minor disagreement due to the passage of time, and thus is not enough to reject the credibility of the statement, and ② the defendant is from F.

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