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(영문) 부산지방법원 2019.07.12 2019노144
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In this case of mistake of facts and misapprehension of legal principles, the police illegally arrested the Defendant’s wife B, and then sited in Q building, and taken the images of the crime.

In addition, even at the time of the arrest of the defendant, it was not notified of the principle of disturbance, and it was illegally conducted investigation such as threatening the defendant to detain B who did not make a confession after arrest.

Therefore, the evidence submitted by the prosecutor in this case constitutes illegally collected evidence, and based on this, the court below erred by misunderstanding facts and misunderstanding legal principles.

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

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles: (i) the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below; (ii) the circumstance of arresting the defendant in this case stated in the trial court that "the defendant was informed at the time of emergency arrest on several occasions at the time of emergency arrest," and that "the defendant was notified of the principle of Disturbance to the defendant at the time of emergency arrest (the 25th page of the trial record)" and the defendant also stated in the investigation agency that "the defendant was notified by the police officer at the time of arrest (the 71st page of the evidence record)"; (ii) at the time of the prosecution investigation by the prosecution investigator at the time of the prosecution investigation; and (iii) the defendant responded to the question as to whether there was a violation of human rights by the police investigator at the time of the prosecution investigation (the 395th page of the evidence record); and (iii) the fact that the police did not at all contain any written opinion or written opinion presented by the counsel at the court below.

(3) At the time of the investigation of B, R was issued in the trial court, and in the case of B, in May 2018, arrest warrant was issued.

B After the arrest of B, B.

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