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(영문) 부산지방법원 2015.01.09 2014노2336
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. After Defendant A was arrested as the instant case, Defendant A was seized at the police station the Defendant’s defense, hair, and hand saws. At this time, the Defendant was seized only in a way that the number of 50 hairs was well discovered, and even though he was not subject to seizure of hairs, the head of the National Institute of Scientific Investigation of Materns stated that the number of hairs was more than 150 hairs as well as the head of the National Institute of Narcotics and Investigation of Materns as being Materns as if there were maternitys. Thus, the above maternity appraisal is likely to have been carried out for hairs rather than the Defendant.

(2) Even if the Defendant’s hair is the Defendant, since the camopopon (hereinafter “camopon”) was not detected in other samples, it cannot be recognized that the Defendant administered camopon solely by the response to the training of camopon detected from the camopon.

③ The information of the informant who made a statement to the accused about the crime related to phiphones is not consistent with the date on which the police preparation report was made.

B. Defendant B (1) made a false confession from the police in the mind that Defendant B “the Defendant A made a confession so as to be correct,” and Defendant B made a false confession in the mind that he would promptly return to the office on the day before the prosecution was held at the time. The above confession by the Defendant has procedural defects.

(2) The investigative agency has specified the date, time and place of the administration of philophones only with the response of philophones detected in the eyebrow training, which is arbitrary interpretation by the investigative agency.

2. Determination

A. (1) In a case where there is a reply to the request for appraisal by the head of the National Institute of Scientific Investigation for Narcotics (hereinafter referred to as the “the head of the National Institute of Scientific Investigation”) that the first argument on Defendant A’s assertion was detected in the Defendant’s hair of the violation of the Act on the Control of Narcotics, Etc., the test material is the test material.

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