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(영문) 수원지방법원 2020.08.28 2020노2488
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In light of the legal principles (as to the administration of philophones), an investigative agency received the Defendant’s defense and hair due to a de facto forced demand from the Defendant arrested as an offender in the act of committing an offense to use it as a separate evidence. Therefore, the submission of urine and hair voluntarily is unlawful, and the Defendant’s statement cannot be used as evidence of guilt.

Therefore, among the facts charged in the instant case, the Defendant should be acquitted on the grounds that there is no evidence supporting the administration of each phiphone. In so doing, the lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty.

B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.

Judgment

A. On June 25, 2019, the Defendant: (a) on June 25, 2019, the summary of the facts charged in this part; (b) on June 25, 2019, entered approximately 0.03g of psychotropic drugs in the Defendant’s residence located in Suwon-si B, Suwon-si (hereinafter “clopon”); and (c) inserted approximately 0.03g of psychotropic drugs into a single-use injection machine; and injected them into one’s arms.

Accordingly, the Defendant administered philophones.

B) On June 26, 2019, the Defendant, at around 23:00 on June 26, 2019, injected approximately 0.03 gopon into a single-use injection device at the above Defendant’s residence, and injected it into his own arms after dilution. Accordingly, according to the evidence duly adopted and examined by the lower court and the first instance court, the Defendant, who was arrested in the act of committing a crime committed on June 27, 2019 due to the suspicion of intrusion upon residence, was investigated by the criminal police station in the Gyeonggi-Namnam Police Station, and consented to the urine and the urine and the urine and the urine and the urine and the urine, and the police did not cooperate in the collection of urine and the urine and the urine for more than one hour and 30 minutes.

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