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(영문) 대법원 2017.07.18 2017도6665
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have rejected the Defendant’s assertion that the procedure for the collection of urine samples was unlawful and that there was no admissibility of evidence, such as the request for appraisal and response on November 10, 2015.

The lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the exclusion of illegally collected evidence, the specific facts charged, and the degree of proof required in a criminal trial, contrary to what is alleged in the grounds of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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