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(영문) 수원지방법원 2019.03.29 2018노5387
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (related to the possession of psychotropic drugs and marijuana) is limited to a false confession that the Defendant himself/herself possessed with the Mesatopian and marijuana (hereinafter “instant narcotics”) in order to protect theO, and there is no fact that the Defendant possessed psychotropic drugs and marijuana, such as facts constituting a crime of paragraph (3) of the lower judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts cannot be said to be doubtful that the probative value or credibility of a confession is doubtful solely on the grounds that the confession in the investigation agency and the court of first instance differs from the court’s statement in the appellate trial (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). In a case where the defendant contests the voluntariness of the defendant’s statement stated in the suspect interrogation protocol and argues that it is a false confession, the court shall determine whether the above statement was made arbitrarily in the free appellate trial by taking into account all the circumstances, such as the defendant’s educational background, career, occupation, social status, intelligence, content of the statement, and the form of the protocol in the case of the suspect interrogation protocol, and the motive, reason and circumstances leading to the confession, other than the confession, should be determined in consideration of what kind of circumstances conflict with or conflict with the confession in the investigation agency’s circumstantial evidence (see, e.g., Supreme Court Decision 2010Do1701.

3. However, the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below.

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