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(영문) 창원지방법원 2020.09.17 2020노617
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as arrest warrant against the defendant by misunderstanding the legal principles is based on a false report, the defendant is illegal, and since the defendant failed to obtain a warrant of seizure, search, and inspection at the time of arrest, seizure under the above warrant and evidence collected based on the above warrant are all illegally collected evidence.

Since the facts constituting the crime stated in the warrant of search, seizure and inspection against the defendant are not related to the facts charged in this case, seizure and evidence collected based on the above warrant cannot be used as evidence of guilt.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal principle as to the assertion on the assertion of a warrant of arrest against the defendant, i.e., circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below as to whether the warrant of arrest against the defendant was illegal, i.e., ① the investigative agency, based on Q Q’s information and the monetary records corresponding to Q’s above information, requested a warrant of arrest to the court; ② the defendant issued a warrant of arrest against the defendant; ② the defendant was arrested under the warrant of arrest issued as above and was not found to be illegal in the course of arrest; ③ the arrest warrant cannot be deemed unlawful solely on the ground that the defendant was not prosecuted for the criminal facts stated in the warrant of arrest; and there are no materials to support that the investigative agency recognized that Q was false (the defendant filed a complaint with Q on the ground that Q was false, but the prosecutor taken a measure to “no suspicion” against this.

In full view of the above, the arrest warrant against the defendant is lawful, and the defendant's assertion that the above arrest warrant is unlawful is without merit. 2) The judgment of the court below as to whether the execution of a warrant of search, seizure, and verification against the defendant is unlawful.

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