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(영문) 부산지방법원 2014.01.10 2013노3055

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

20,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year and two months of imprisonment, etc.) is too unhued and unfair.

B. (1) The Defendant: (a) misjudgments the facts charged; (b) made another person use a clive psychotropic drug, a clive psychotropic drug, with the right to use a clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive clive cl

The facts charged in the instant case are not specified in the date, place, and method of the crime, and thus, the prosecution of this case should be dismissed. However, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The following circumstances acknowledged by the record of the determination of the assertion of misunderstanding of facts are asserted to the effect that the Defendant administered a philopon with the Defendant at the investigative agency and the trial court: (a) but C stated in the investigative agency and the trial court that there was no circumstance to suspect the credibility of the Defendant’s statement; (b) the Defendant heard that D was raped from D, which was known to him for a long period of time, and tried to file a complaint with S and E; (c) although the Defendant did not agree with D on behalf of S and E, it did not reach an agreement with the view to the agreed amount; (d) upon the Defendant’s complaint, D took part in the Defendant’s c and E, and thus, C took part in the croopon to pay off the copon, as alleged by the Defendant. However, D could immediately be acknowledged solely on the ground that the Defendant claimed that D was a frooponing, i.e., having been tried to pay off the agreed amount.