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(영문) 인천지방법원 2018.08.30 2018노2009

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to administer philophones as indicated in the facts charged (i.e., the Defendant had no intention to administer phiphones). The facts charged in the instant case by misapprehending the legal doctrine did not specify the date, time, place, volume of medication, etc. of the crime. Therefore, the indictment procedure is invalid in violation

(c)

The punishment (10 months of imprisonment, additional collection) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. The Defendant made the same assertion in the lower court as the grounds for appeal, and the lower court rejected the Defendant’s assertion, based on its reasoning, such as the following: (a) the Defendant’s assertion of fact-finding was found as being identical to the grounds for appeal; (b) the Defendant was detected from the Defendant’s urine and hair; and (c) the Defendant denied the Defendant’s commission of the crime and failed to inform himself of the detection of the said phiphones (the Defendant stated that the ambalopon was found to be the ambalopon at the early singing room on November 2017; (c) however, the Defendant stated that the ambalopon was deemed to be the ambalon which he had ambalon, and that there was no knowledge of the above ambalopon’s personal information; and (d) compared with the record and closely examining the judgment of the lower court, the lower court’s determination that recognized the Defendant’s ambalopon as the facts charged

On July 16, 2018, the reason for appeal stated that the defendant was impergic by prescribing ethyl lusium, which is a local mental medicine, around November 12, 2017 (before the second day of the urine test). For this reason, the defendant's urine, which did not administer phiphones, and the possibility of detection of phiphones from her hair. However, according to the materials submitted as evidence, it is determined that the general medicine and phiphones ingredients can be clearly distinguishable through urine appraisal, and the defendant found the reason for phiphones ingredients in the police and the prosecutor's investigation.