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(영문) 의정부지방법원 2018.05.14 2018노52
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the facts stated in the judgment of the court below, the Defendant: (a) did not sell a phiphone to E with respect to the facts constituting the crime of paragraph (2); (b) did not receive only one phiphone for a disposable injection containing a phiphone from E; (c) the Defendant received KRW 75,000 from E and sold a phiphone for a single injection containing a phiphoneless volume to E; and (d) received three phiphones for a single injection containing a phiphoneless volume divided into three phiphones.

The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

The argument is asserted.

2) The court below erred by misapprehending the legal principles, which found the defendant guilty of each criminal fact based on the above evidence, since the defendant did not obtain a warrant from the police officer at the time of arrest as the case, and thus, the above arrest was unlawful in violation of the due process principle and the warrant requirement principle, and the evidence and the confession of the defendant cannot be admissible as evidence. ② Since the court below infringed the right to request perusal and copy of the trial record, it cannot be used as evidence of conviction.

The argument is asserted.

3) The Defendant asserts that the sentence imposed by the lower court (one year and two months of imprisonment), which was too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and misunderstanding of the legal principles (as to the part of innocence), the prosecutor: (a) at the time, the police officer discovered the Defendant by chance, had no time to possess an arrest warrant; and (b) promptly presented an arrest warrant after arresting and taking the Defendant in custody; (c) the above arrest procedure is lawful; and (d) the evidence seized during the enforcement process is also collected lawfully and its admissibility is recognized.

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