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(영문) 서울북부지방법원 2016.04.22 2016노116
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant A1) In fact, the Defendant did not sell a penphone to Defendant B on June 1, 2015, around 14:00.

2) Legal principles are as follows: (a) it is unlawful for misunderstanding investigators to induce and arrest the Defendants with theO as well as theO by means of an attack; and (b) the evidence acquired through the naval investigation cannot be admitted as evidence in accordance with the doctrine of Germany, even if it was acquired through the naval investigation.

On July 21, 2015, the arrest of the defendant on July 21, 2015, but did not inform the reasons for release on July 23, 2015 constitutes a violation of warrant requirement in the investigation procedure.

3) The lower court’s unreasonable sentencing is hot.

B. Defendant B’s punishment is heavy.

2. Determination

A. According to the evidence duly examined and adopted by Defendant A’s misunderstanding of the facts and the misapprehension of the legal doctrine, the fact that the Defendant sold phiphones to Defendant B around the early 14:00 on June 2015 can be sufficiently recognized, and on the grounds that the lower court properly explained, it cannot be said that the investigation of the Defendants is illegal as a type of ship investigation causing a criminal offense.

In addition, the investigative agency did not inform the reasons for release without requesting a warrant of detention after arrest.

Therefore, the warrant requirement cannot be deemed to be violated.

B. There is no significant change in circumstances to consider the sentencing of the Defendants after the judgment of the court below regarding the Defendants’ unfair argument of sentencing.

Compared with the sentencing conditions as indicated in the records and changes of the instant case and the reasons for sentencing, even considering all the circumstances asserted by the Defendants on the grounds of appeal, the lower court’s punishment is heavy.

subsection (b) of this section.

3. Conclusion, Defendants’ appeal cannot be accepted.

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