Voluntary confession in the front of the examination;

A suspect interrogation protocol prepared by a public prosecutor in the narcotics surveillance office or the inspector's office in order to keep the suspect's suspect interrogation protocol prepared by the public prosecutor or the inspector's office in order to keep the suspect's suspect interrogation protocol prepared by the public prosecutor while the suspect's suspect interrogation protocol prepared under intimidation that if the suspect denies the crime, the suspect's suspect interrogation protocol prepared by the public prosecutor will be taken into the narcotics surveillance office.

Article 309 of the Criminal Procedure Act

October 13, 1981, 81Do2160 decided Oct. 13, 198 (Court Official Gazette 669, 1455 pages)

Defendant 1 and two others

Prosecutor and Defendant 1

Busan District Court (80 High Court Decision 864)

Of the judgment of the court below, the part on Defendant 1 is reversed.

Defendant 1: Not guilty

All of the appeals by prosecutors are dismissed.

The gist of the grounds for appeal against the Defendants by the Prosecutor is as follows:

First, the court below found the defendants not guilty, and found the defendant 1 guilty as to the habitual nature of the article 1 and 2 of the facts charged against the defendants, and found the defendants guilty as to the habitual nature of the article 1 and 3 of the facts charged against the defendants, and found the defendants guilty as to the habitual nature of the article 1 of the above facts charged. The reasons are that the defendants denied the crime in the court of the court below, and there are reasonable grounds to suspect that the defendants' statements on each part of the defendants prepared by the defendants who make the whole confession of the facts charged are not arbitrarily made due to the illegal prolongedness of adviser, violence, threat, physical restraint. The prosecutor's statements on the non-indicted 1, 2 of the facts charged are not sufficient to acknowledge the facts charged, and there is no other evidence to prove the habitual nature of the article 1 of the defendant, and the court below found the defendants guilty as to the defendant 1's habitual nature of the article 1 of the facts charged, and there is no sufficient evidence to find the defendants guilty as to this part of the facts charged.

First of all, we examine the reasons for appeal against the prosecutor's acquittal, and examine the records of the judgment of the court below after comparing the judgment of the court below, and therefore, the court below rendered a judgment that each of the facts charged against the defendant 2 and 3 and the facts charged against the defendant 1 together with the defendant 3, 3, 4, and 2 among the facts charged against the defendant 1 (as to the facts charged, No. 1-A, B, and 2) was not guilty on the ground that it constitutes a case where there is no proof, and since there is no error of law as argued by the prosecutor in the judgment of the court below, the prosecutor's assertion about

Next, the prosecutor's remaining grounds of appeal against Defendant 1 are examined prior to the judgment, as to Defendant 1 and his defense counsel's grounds of appeal.

The court below found Defendant 1, in collusion with Nonindicted 5, from June 10, 1980 to September 14, 198 of the same year, that Nonindicted 5 provided salt minc and chemical substance at the house located in Jinju (hereinafter omitted) from Nonindicted 5, and Defendant 1 used this medicine to manufacture 38.6§¯ finished product 38.6§¯ and semi-finished products 12 litress of liquid merspher, a half-finished product, as evidence. Defendant 1, in collaboration with Nonindicted 5, was installed at the house of Nonindicted 5, which was located in Jinju-si (hereinafter omitted), and was manufactured at the manufacturing machine of this medicine, which was manufactured by mixing it with 38.6§¯ finished product and semi-finished products, mix 1, 2000, 3, 3, 5, 5, 5, 5, 5, 5, 5, 5, 5, and 5, 1,000.

1. Statement corresponding to Non-Indicted 6’s statement in the original trial court

2. The description corresponding to the notice of examination results in preparing the head of the health research institute in Busan City.

3. Statement consistent with the report of inspection by the court of original judgment (on-site inspection of the residence of Nonindicted 5);

4. Although each existing issue of the attached list items (Evidence Nos. 1 through 29) seized is cited, since the third point of the facts charged against Defendant 1 falls under the case where there is no proof, the court below ultimately recognized facts without evidence and affected the judgment. In this regard, Defendant 1’s appeal is justified.

Therefore, since each appeal by the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the part of the judgment below against Defendant 1 among the judgment below is reversed, and it is decided again through pleading.

The summary of the facts charged against Defendant 1 is as follows: Defendant 1 was sentenced to the suspension of the execution of two years to the violation of the Meditable Drugs Management Act by the Seoul Criminal District Court on June 29, 1973; Defendant 1 was sentenced to the suspension of the execution of two years; Defendant 1 was a person who, at the time of Jinju City, had seven social positions of the chairman of Jinju-si Public Performance Madro, disguised his status with seven members of the chairman of Jinju-si, and gave guidance to the manufacturer of Medipasty to the manufacturing technology of Mespasamin; and he was not a person dealing with the Mesamin for profit;

1. A. Co-defendant 3 and Non-Indicted 3 (one-time tea) in collusion with Defendant 3, from the beginning of August 1974 to the end of the same month, at the house of Non-Indicted 3 located in the city of Busan to the end of the same month, Defendant 3 purchased chemical drugs necessary for the manufacture of one of the goods to be supplied at the seat of Non-Indicted 3 located in the city of the Dong-gu, Busan to the end of August 1974, and Non-Indicted 3 provided a place to 35 kidle of one salt acid which provides the place, and the Defendant manufactured 20 kidle of the 20 kidle of the Meaks, using the manufacturing equipment it has installed, using chloddin

B. On October 197, in collusion with Co-defendant 3 and Non-Indicted 4, at the house of Non-Indicted 4 located in the Dongdong-dong, Busan Metropolitan City, the defendant 3 purchased chemical drugs necessary for one Article to provide the manufacturing fund of KRW 16,00,000,000, and Non-Indicted 4 purchased the chemical drugs with the above funds of KRW 80,000,000, and the defendant manufactured 50,000,000 with the above materials using the manufacturing machine installed directly by the defendant;

2. On March 1974, in collusion with Co-defendant 2, 1974, the manufacture of 6 chroposty of the Mesafin in collusion with Defendant 2, at the office of Defendant 2 located in Nam-gu, Busan Metropolitan City, with the manufacturing equipment installed by Defendant 2, using the 12 krosl and chemical medicine purchased by Defendant 2;

3. In collusion with Nonindicted 5 on June 10, 1980 from around September 14, 1980 to around September 14, 198 of the same year, Nonindicted 5 provided salt fluor and chemical medicine between Nonindicted 5’s house located in Jinju (hereinafter omitted) and the Defendant used the manufacturing machine installed by him to manufacture 38.6kiropos finished fluor and half-finished liquid fluor 12 liters.

According to the above indictment records, defendant 1 and defendant 2's non-indicted 1's suspect interrogation records prepared at the court below's 1's 6th day after the defendant's suspect interrogation records and the defendant 2's non-indicted 3's non-indicted 1's non-indicted 3's non-indicted 9's non-indicted 9's non-indicted 2's non-indicted 9's non-indicted 1's non-indicted 3's non-indicted 9's non-indicted 1's non-indicted 9's non-indicted 1's non-indicted 3's non-indicted 9's non-indicted 1's non-indicted 2's non-indicted 9's non-indicted 1's non-indicted 3's non-indicted 1's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted's non-indicted 2's non-indicted's non-indicted 1's non-indicted 1's non-indicted 1's non-indicted

It is so decided as per Disposition for the above reasons.

Judges Ahn Yong-chul (Presiding Judge) (Presiding Justice)