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(영문) 창원지방법원 2019.02.12 2018노2705
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal, which was submitted after the expiration of the period for submitting the grounds for appeal, is examined to the extent that the grounds for appeal supplement are supplemented.

A. Legal principles and misunderstanding of facts did not voluntarily respond to the investigative agency’s voluntary request, but the investigative agency did not notify the defendant of the arrest warrant or of the reason for arrest and the appointment of a defense counsel when requesting the defendant to voluntarily commit the act, and the defendant did not present a search and seizure warrant concerning the prosecution.

Nevertheless, the judgment of the court below which found the defendant's confession made in the course of voluntary behavior, recognized the admissibility of evidence as the result of the defendant's prosecutor's prosecutor's examination, and found the defendant guilty on the basis of the evidence of confession.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. Legal principles and misunderstanding of facts: 1) Determination of whether voluntary behavior was conducted by the defendant's voluntary will in the investigation process; 1) Determination of the relevant legal principles are acknowledged where it is clearly proven by objective circumstances that the defendant's voluntary will was carried out by the investigative agency, such as where the investigator knew that the suspect could refuse to accompany the suspect while accompanying the investigative agency, etc., or where it is recognized that the suspect who was accompanied could freely leave or could leave the accompanying place at any time, etc., and that the defendant was carried out by the investigative agency, etc., the legality

In addition, the determination of the Voluntaryness in the foregoing voluntary behavior is based on the time and place of accompanying, the method of accompanying, the existence of intent to refuse accompanying, and the method of investigation after accompanying.

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