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(영문) 광주지방법원 2020.02.19 2019노2185

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant, at the time and at the same time and place as the facts charged on November 16, 2018, asserted that he/she purchased a phiphone in the instant case on November 16, 2018 and November 23, 2018; (b) later, his/her defense counsel also asserted the same purport; (c) it cannot be viewed as a legitimate reason for appeal since it was filed after the deadline for submitting the grounds for appeal expires; and (d) the Defendant, in accordance with the evidence duly adopted and examined at the lower court, stated that he/she purchased a phiphone from X at the same time and place as the facts charged on November 16, 2018 and November 23, 2018, he/she purchased the phiphone at the time and at the same time and place as the facts charged, and thus, it is difficult to find the Defendant guilty of the fact that he/she purchased a phiphone as stated in this part of the facts charged with 10 phiphone.

The punishment of the lower court (one year and six months of imprisonment, additional collection 4,322,50 won) is too unreasonable.

2. The reasoning of the judgment of the court below is as shown in the argument of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.