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(영문) 서울남부지방법원 2014.12.12 2014노781
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the police of misunderstanding of facts and misunderstanding of legal principles collected the defendant's hair without the consent of the defendant in the absence of a warrant of search, seizure and verification, the defendant's hair and the result of appraisal thereof constitute illegally collected evidence and thus, it is not admissible as evidence.

In addition, in the process of arresting the defendant with a warrant of arrest issued by the police around April 2013 at the place where the defendant was living together, and the period of validity has expired, the police conducted a search with the defendant's view to the defendant's view and found the injection equipment under the Gap self-market, and such search constitutes an illegal investigation, and the above injection equipment secured by illegal investigation constitutes an illegally collected evidence, and thus, it is not admissible as evidence of collection.

Nevertheless, the court below erred by misapprehending the legal principles, thereby taking the appraisal result as evidence, and even if the above appraisal result satisfies the admissibility of evidence.

Even if the place where the injection was discovered is the defendant's living together, it is difficult to find that D is likely that D had the injection device under the influence of the gun board while administering a Mestopop (hereinafter "phiphone") as the defendant's living together, and that police officers could have been killed in the course of arresting the defendant, and even according to the result of the maternity appraisal, it is insufficient to find that the defendant possessed "on November 28, 2013," the court below erred by misunderstanding the facts, thereby finding guilty of the facts charged against the violation of the Act on the Control of Narcotics, etc. (fence) in the instant case.

B. The sentence imposed by the lower court (one year and two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Judgment 1 on the misunderstanding of legal principles and misunderstanding of facts 1) First of all, we examine the allegation of admissibility of evidence and the result of the appraisal.

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