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(영문) 서울북부지방법원 2019.01.11 2018노1304
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (2017Sang3613) 1) An investigative agency did not notify the so-called “the so-called doctrine” at the time of emergency arrest of a criminal defendant, and arrested the criminal defendant without meeting the requirements even though he/she could have been issued with an arrest warrant. Therefore, this part of the indictment constitutes a case where the prosecution procedure itself becomes null and void due to a violation of the provisions of the Act. 2) This part of the indictment is based on an illegal naval investigation, and thus, the indictment procedure itself becomes null and void.

B. The sentence imposed by the lower court (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The Defendant alleged to the same effect as the grounds for appeal even in the lower court’s argument as to the omission of notification of the U.S. Principle, and the lower court rejected the Defendant’s assertion by explaining detailed circumstances in its four and five pages of the judgment.

In full view of the circumstances acknowledged by the lower court based on the evidence duly admitted and examined and the following circumstances, namely, the Defendant voluntarily signed and sealed the confirmation document that the police was notified of the bit principles, such as the summary of the facts to be suspected, and the Defendant stated that the investigative agency was lawfully notified of the bitra principles even when checking the legality of the arrest in the prosecution investigation, and that there is no circumstance that the Defendant was given notice of the bitra principles and made a false statement, at the time of emergency arrest, it seems that the bitra principles were legally notified.

Therefore, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding legal principles as argued by the defendant.

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