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(영문) 서울북부지방법원 2020.08.27 2020노408
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, all parts excluding the case of 2018 Highest 2920 shall be reversed.

Two years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (the guilty part of the case in 2019No. 2079) and the police’s protocol of statement concerning the Defendant (the guilty part of the case in 2019No. 2079) infringed the right to refuse to make statements by B, and the court below’s protocol of statement in the court below is inadmissible as it infringed the right to refuse to make statements by B. The prosecutor’s protocol of statement in the court below is not admissible, and there is an error of mistake of facts and misapprehension of legal principles in finding the Defendant guilty of this part of the facts charged. 2) The sentence (one year and eight months

B. Prosecutor 1) The lower court acquitted the Defendant of this part of the facts charged, in full view of the following facts: (a) the part of the Defendant’s protocol of interrogation of the Defendant in the police investigation (defluence and mistake of facts) of the case 2018 Go-Ma2920 (No. 2); (b) the part of the Defendant’s protocol of interrogation of the Defendant in the police investigation (defluence and mistake of facts); (c) the part of the Defendant’s protocol of interrogation of the police investigation of the Defendant was prepared in the “ particularly reliable state”; and (d) the protocol was prepared in the “ particularly reliable state”; and (e) the F’s reversal statement lacks consistency and credibility pursuant to Article 314 of the Criminal Procedure Act; and (e) the lower court acquitted the Defendant of this part of the facts charged; (b) there was an error in the misapprehension of legal principles and erroneous determination of facts; and (b) there was a consistent and specific credibility of the testimony in the lower court’s protocol

2. Determination

A. On May 10, 2020, the Defendant filed a petition of appeal on February 28, 2020 with respect to the Defendant’s assertion (the guilty part in the case of the 2019 High Court Order 2079) and received the notification of the receipt of the trial record on March 17, 2020 from this court, and filed the statement of grounds of appeal on May 10, 2020, when the lawful appellate brief was not timely filed.

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