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(영문) 서울고등법원 2019.01.25 2018노2164
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the grounds for appeal is that the emergency arrest against the defendant was unlawful, since the defendant was not notified of the right guaranteed by the Criminal Procedure Act, such as the right to appoint a defense counsel at the time of emergency arrest, the summary of the facts of the offense, and the reason of emergency arrest, etc.

Since the confession made by the defendant at the prosecution by the defendant claiming the denial of Voluntary confession has not been made through the medication of narcotics, it is not voluntary as it was made by the revolving of the prosecution and by deception, it shall not be admitted as evidence of guilt pursuant to Article 309 of the Criminal Procedure Act

Around July 2017, the Defendant administered Mespopon two times with respect to the administration of Mespopon (hereinafter “Mespopon”), but there is no fact that the Mespopon was administered in Itel J around July 12, 2017 and around July 17, 2017, the date and time indicated in the facts charged.

As to the possession of a philopon, the bags operated by the Defendant are not the bags of the Defendant, but B, and the Defendant was unaware of the fact that the philopon was contained in B’s philopon. Therefore, it cannot be deemed that the Defendant possessed a philopon in his philopon.

As to the advertisement of philophone sales, the crime of advertisement of philophone sales was committed in collusion with B and Y, and there was no fact that the defendant was involved in it.

With respect to the sale of philophones, the Defendant provided assistance to the investigation of the Z Team AA criminal investigation of the Seoul Metropolitan Police Agency, and did not actually sell philophones in order to arrest the drug purchaser.

The sentence of unfair sentencing (2 years of imprisonment, 6 months of collection, 7,850,00 won) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The emergency arrest is illegal and confession of the defendant's assertion of mistake of facts and misapprehension of legal principles.

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