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(영문) 수원지방법원 2020.09.18 2020노1752
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Defendant

The costs of the trial against A shall be borne by the defendant A.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles regarding Defendant A’s emergency arrest is unlawful because it did not meet the requirements. Therefore, all relevant evidence, such as seized articles such as an injection equipment collected in the course of emergency arrest against the Defendant and the result of appraisal of the Defendant’s defense after emergency arrest, etc., are inadmissible as illegally collected evidence. 2) As to the crime of violation of the Act on the Control of Narcotics, etc. in the case of Defendant B 2019 Highest 1086, the Defendant did not know the fact that the drinking water that Defendant gave rise to the drinking water

B. Mental and physical disorder (Defendant B) was suffering from depression at the time of the administration of phiphonephones in the case of 2019 Godan1086, and was under the influence of alcohol at the time of the administration of phiphones in the case of 2019 Godan1321, and both cases were in the state of mental and physical disorder at the time of the two cases.

C. The respective sentence of the lower court (Defendant A: imprisonment of one and half years, confiscation, and collection 10,000 won, Defendant B: imprisonment of one year, one year, confiscation, and collection 16,60 won) is too unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. The Defendant’s assertion that Defendant A’s assertion was asserted in the first instance. As follows, the Defendant asserted as follows.

On October 1, 2019, the police officers of the Commission and the Commission were forced to open the door of the telecom room in which the Defendant and B were accommodated together. At the time, the Defendant did not capture B, and there was no circumstance to deem that there was a risk to human life, body, or property under Article 7(1) of the Act on the Performance of Duties by Police Officers. Therefore, the police’ compulsory opening of the guest room is unlawful.

The police of the Republic of Korea, after the compulsory opening of the above, demanded voluntary movement to the defendant, but the police, even before the compulsory opening of the above guest room, forced the defendant to arrest the defendant with the knowledge of his criminal records due to drug crimes, and at the time, the police has practically searched the defendant by entering the guest room.

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