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(영문) 대전고등법원 2017.01.20 2016노280
특수상해등
Text

Of the part against Defendant A of the lower judgment, No. 1 of the judgment

(b)each of the crimes, No. 2 of the holding, and No. 3 of the holding.

Reasons

Summary of Reasons for appeal

A. The grounds for appeal on the part of mediation by mistake of facts or misunderstanding of the legal principles were withdrawn as follows: (a) amendment of indictment was made.

(2) The police officers of Defendant A did not present an arrest warrant at the time of the arrest of Defendant A, and did not notify the intent to arrest, the reason for arrest, and the right to appoint a defense counsel. As such, the above arrest is unlawful, and the search and seizure conducted in an unlawful arrest situation is also unlawful.

In addition, police officers did not present a search and seizure warrant separately to Defendant A in the course of search and seizure.

Therefore, as seen above, seized articles related to phiphones discovered in Defendant A’s vehicle by illegal search and seizure, and seizure records, etc. are inadmissible as evidence of collection of evidence.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 2 years of imprisonment for the remaining crimes, 2 years and 2 years and 2 years and 6 months of imprisonment for the remaining crimes) is too unreasonable.

Ex officio judgment prosecutor changed the part of the charges No. 1-b. 8-9 of the 2016 ancient 15 cases to the first instance trial, and changed the part of the charges No. 1-2 of the 8-9 of the charges to “from February 26, 2013 to May 30, 2015” to “from February 26, 2013 to February 13, 2015,” and “56,595,000 won” of the 12 of the charges to “49,885,000 won” respectively. The part of the charges attached to the lower judgment changed to “56,590,000 won” from February 26, 2013 to “49,84,261,270 to 288,” and the part of the indictment attached to the lower court changed to “56,590,000 to 40,005,010.

Paragraphs 1, 3-1, 201, 3-1, 2016, 30

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