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(영문) 대구지방법원 2016.09.09 2015노3195
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that police officers notified of the matter to be known at the time of voluntary accompanying, such as the statement at H in the original trial of the lower court by the police officer, the Defendant’s statement according to the N Hospital without disclosing the intention of refusal, the Defendant voluntarily submitted the defense, and there was no fact that police officers prevented the Defendant from exercising their physical power on the Defendant’s request for eviction. Thus, the instant voluntary accompanying cannot be deemed unlawful.

Even if it is inappropriate to refuse the defendant's withdrawal request after the first examination of the household affairs, the admissibility of the result of the examination of detection of narcotic ingredients on the urine is recognized as legitimate unless the voluntary accompanying and the urine voluntarily submitted.

B. According to the above examination report, etc., the defendant's philophone medication can be recognized, and since the defendant's salvine is presumed to be presumed to contain philophones in the defendant's remaining urine from among I and I influences, the defendant's salvine can sufficiently recognize the facts charged of this case.

(c)

Nevertheless, on a different premise, the court below rejected the admissibility of evidence and rendered a not guilty verdict of the facts charged in this case, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. From February 12, 2014 to February 15, 2014, the Defendant administered approximately 0.03g of Mesophical drugs (one philopon; hereinafter “philopon”) among the 17:40 U.S., Daegu-gu, Seo-gu, Seo-gu, Daegu-gu, U.S., in an irregular way, the Defendant administered approximately 0.03g of Melphical drugs (hereinafter “Melopon”).

3. The lower court’s judgment: (a) tests on the Defendant’s motion to recover the 20CC (including the result of the reaction training of phiphonephones) and the urine on the 20CC, which the police officer in charge of being directly admitted as evidence to acknowledge the facts charged of the instant case, voluntarily accompanied the Defendant to the police station and received from the Defendant in the form of voluntary submission.

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