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(영문) 부산지방법원 2016.11.25 2016노3739

마약류관리에관한법률위반(향정)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because all of the punishments imposed by the court below on the defendants (one year and four months of imprisonment, confiscation and additional collection, fine of 1.5 million won and fine of 1.5 million won, Defendant C: 10 months of imprisonment) are too unreasonable.

2. From the judgment of the court below, Defendant A and B made confession of all of the crimes of this case since they came to the trial of the court below, but Article 153 of the Criminal Act provides, “When a person who committed perjury under Article 152 of the Criminal Act makes confession or surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.” On the fourth day of the court below on July 19, 2016, Defendant A made confession of the above part among the crimes of this case on the first day of the trial of the court of first instance on November 4, 2016, and Defendant C made confession of the above part among the crimes of this case on the first day of the court of first instance on which each of the above confession was made after June 23, 2016, since Article 153 of the Criminal Act provides that the above confession was made after the Busan District Court Decision 2015No397 decided June 23, 2016, Article 153 of the Criminal Act is not likely to be subject to criminal punishment against the above Defendants.

However, Defendant A administered approximately 0.05 g of Mepta (hereinafter “philopon”) over two occasions, and possessed approximately 0.26 g of philopon. Defendant B and C present himself as a witness of Busan District Court 2015No397 and make a false statement contrary to memory. Defendant A instigated Defendant B and C with the above perjury. In light of the law and content of the crime, the nature of the crime is considerably poor, perjury interferes with the proper exercise of judicial power of the State, undermines the people’s trust in justice and trial, and creates unnecessary litigation and judicial costs.