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(영문) 부산지방법원 2020.09.10 2020노533
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the instant facts charged, the lower court rendered a judgment of innocence against Defendant M on April 6, 2019, and rendered a judgment of conviction against the remainder of the facts charged, and only the Defendant appealed on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing as follows. As such, the part of the judgment of acquittal, which was not appealed by the Prosecutor, among the lower judgment, became separately final and conclusive.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles that the Defendant sold philophones to B, such as written in the part concerning the sales of philophones, among the facts constituting the crime in the judgment of the court below, although the Defendant had no original criminal intent, the Defendant had a direct and very close relation with the investigation agency, and thus, the Defendant was also the inducer and the Defendant had a special relationship with the investigation agency, resulting in this part of the crime due to the active deceitful acts, schemes, etc. of B in a special relationship with B. Thus, the crime of selling philophones to B was caused by an illegal balone-type

Furthermore, insofar as the crime of selling phiphones became the starting point of each of the remaining crimes committed by the lower court guilty, the indictment against the whole of the crimes convicted by the lower court (hereinafter “each of the crimes in this case”) constitutes a case where the entire indictment procedure becomes null and void in violation of the provisions of the law, and thus, the judgment dismissing the prosecution ought to be pronounced.

Since the crime of selling philophones to B is caused by illegal naval investigation, the evidence collected thereafter is not admissible by the rule of exclusion of illegally collected evidence and the theory of reading, and thus, each crime of the instant philophone medication, possession, and marijuana smoking should be acquitted as it falls under the case where there is no proof of criminal facts.

Nevertheless, each of the instant cases.

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