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(영문) 부산지방법원 2020.05.15 2020노230
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment, etc.) shall be too unreasonable as to the gist of the grounds for appeal.

2. Determination

A. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant, taking into account the circumstances favorable to the Defendant.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

B. As to the legitimacy of the arrest of a flagrant offender at an ex officio investigation agency’s determination as to whether the arrest of the defendant as a flagrant offender was unlawful because it did not notify the summary of the suspected crime at the time of the arrest, the grounds for the arrest, the right to appoint a counsel

According to the copy, etc. of the written confirmation of arrest of flagrant offenders, it is recognized that the defendant, at the time of the arrest of flagrant offenders, affixed with the statement that "I will appoint a defense counsel, refuse to make a statement, defend himself/herself, and confirm that I would have been notified that I would be able to request an examination of legality of the arrest."

At the time of the prosecutor's investigation into the defendant, the prosecutor's question, stating that the defendant was arrested and notified of the summary of the suspected fact, the grounds for arrest, and the right to appoint a defense counsel, etc., was asked as follows.

(No. 156 pages) In full view of these circumstances, the defendant is arrested as a flagrant offender on September 10, 2019, the summary of the suspected crime and arrest from an investigative agency.

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