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(영문) 대구지방법원 서부지원 2015.07.23 2014고단852
마약류관리에관한법률위반(향정)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

From February 12, 2014 to February 15, 2014, the Defendant administered approximately 0.03 g of psychotropic drugs at the Daegu-gu D, Seo-gu, Daegu-gu, and Seo-gu, Seoul-gu, about 0.03 g of psychotropic drugs (one philopon; hereinafter referred to as “philopon”).

Accordingly, the Defendant administered philophones.

The evidence of this case and the summary of the defendant's and defense counsel's assertion in this case are as follows: ① a police officer in charge voluntarily accompanying the defendant to the police station and submitted a written consent to recover the defendant's 20CC (including the results of the examination of the philophone reaction), the test report of the above 20CC (the investigation record 36 pages), and ② the investigation documents and witness G, H, I, and J's own legal statement in each of the above evidence, which describe the defendant's voluntary behavior and emergency arrest, etc. At the time of direct proof of the defendant's philophone medication, the above written consent to recover and the above test report were submitted to the police in the form of voluntary submission from the defendant in addition to the above philophone medication by the defendant at the time of direct evidence proving the defendant's philophone medication, but the above philophone composition was not detected.

C. On the other hand, the defendant and his defense counsel asserted that the above written consent and the test report were collected in the state of illegal voluntary behavior against the defendant, and at the same time they asserted that they are not admissible. At the same time, from the above voluntary behavior to this court, the defendant's own philopon was not administered with the defendant's own philopon, but at the night of the preceding day of the case, she is presumed to have put philopon into the defendant's blopon's copon with the defendant's flopon.

Judgment

In the form of consent from the investigative agency in the course of investigation, accompanying the suspect to the investigative agency shall accompany the suspect before the investigator is accompanied.

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