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(영문) 서울중앙지방법원 2017.04.13 2016노4937
여권법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of legal principles 1) Violation of the law to exclude illegally collected evidence: A resident identification card issued by a Chinese country where the construction of a Chinese related road was located, a copy of the Korean resident registration certificate, etc. issued by the court below, which is the evidence produced by the court below, is the defendant's house and is administered to the investigation agency by acquiring it as

Therefore, since this is an illegally collected evidence, it is not admissible, and the second evidence collected thereby is also admissible, the judgment of the court below which recognized the facts charged of this case based on this is erroneous in the misapprehension of legal principles.

2) Violation of the relation of the number of crimes: The violation of the Passport Act, and the violation of the false entries in a passport are absorptioned into the violation of the Immigration Control Act, and thus, the judgment of the court below which recognized that separate crimes are constituted, despite the absence of separate crimes, is erroneous in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (2.5 million won) is too unreasonable.

2. Determination

A. As to the argument against the exclusion of illegally collected evidence, the defendant asserts that the copy of the resident registration certificate of the defendant who stolen by the private person is inadmissible as evidence of unlawful collection.

However, the rule of exclusion of illegally collected evidence stipulated in Article 308-2 of the Criminal Procedure Act does not follow the procedures stipulated in the Constitution and law, and it is a principle that the investigative agency denies admissibility when such a violation of due process infringes on the substantial contents of due process. In a case where the investigative agency arbitrarily receives the relevant article from the owner, possessor, or custodian of the article, it can be seized without a warrant pursuant to Article 108 of the Criminal Procedure Act without a special procedure. In this case, there is an error of law in the investigative agency’s arbitrary submission of it by a letter of gift by someone.

Therefore, this does not constitute illegally collected evidence by the investigative agency.

another.

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