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(영문) 서울중앙지방법원 2020.07.30 2020노1306
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant’s writing of a notice on the south Internet website is true, or if the investigation agency attempted to communicate one-lane, the Defendant’s criminal intent has been cut off after 7 hours have elapsed since the end of 2 hours thereafter, and, at the time of the lapse of 2 hours thereafter, the Defendant was forced to take a penphone to the Defendant again at the time of the lapse of 2 hours thereafter, and this constitutes an illegal criminal inducing type vessel investigation. 2) Since the Defendant had no choice but to respond to the request for accompanying with wind, such as the police’s exercise of physical power to confirm the country of the injection, it cannot be deemed as a genuine voluntary voluntary act. As such, all relevant evidence, such as the result of the appraisal of the Defendant’s hair’s hair and urine, which was seized in the form of seizure, such as diceg, collected with an unlawful voluntary act, and the result of appraisal of the Defendant’s hair and urine

B. The punishment sentenced by the lower court (one year of imprisonment, one-year increase of confiscation, two, three, and six additional charges) is too unreasonable and unfair.

2. Determination

A. Determination of misunderstanding of facts or misapprehension of legal principles 1) The Defendant had committed each of the crimes of this case in the form of a person with no name, who had already been aware of by the instant app, prior to receiving a proposal for the medication of a penphone through the telegram app from the police. Therefore, the Defendant’s assertion that each of the crimes of this case was caused by an illegal investigation by an investigative agency’s illegal criminal intent is without merit. 2) The Defendant and the defense counsel argued the same as the grounds for appeal in the lower court, and the lower court stated in detail the Defendant and the defense counsel’s assertion and its determination under the title of “determination of the Defendant and the defense counsel’s assertion”.

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