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(영문) 수원지방법원 2012.10.25 2012노3775

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant alleged a misunderstanding of facts has administered philophones over two occasions E and E, there is no philophones purchased from E.

E makes a false statement about the defendant in order to be sentenced to imprisonment in his case, so the content of the statement is not reliable.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. In light of the overall sentencing conditions of the instant case claiming unfair sentencing, the lower court’s imprisonment (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. (1) On November 3, 2011, the summary of this part of the facts charged (A) around November 3, 2011, the Defendant purchased and sold phiphonephones with KRW 1,50,000 as the price for the purchase and sale of phiphones from the Downcheon-si’s Operation of the Defendant located in Dongducheon-si, Eastern-si, to E, and the Defendant purchased and sold 1,50,000 won for the purchase and sale of phiphones with four copies (0.7g x 4, and approximately 2.8g g) for the single phiphones.

(B) On December 2011, 201, the Defendant: (a) purchased and sold philophones from the Racon Docon Docon Docon Docon to E in the name of the purchase price for phicon Docon Docon Docon Docon Docon Docon Docon Docon; and (b) received and sold 1.5 million won from the Docon Docon Docon Docon Docon

(C) On January 2012, 2012, the Defendant: (a) purchased and sold philophones from the first patrolman, the Defendant purchased and sold 1,50,000 won to E in terms of the purchase price of philophones; and (b) 4 of the single philophones (0.7g x 4, and approximately 2.8g ) from the first patrolman.

(D) On January 31, 2012, around January 31, 2012, the Defendant: (a) purchased and sold phiphones from the building adjacent to the Ftetra basin, Gangnam-gu, Seoul; (b) purchased and sold 1,200,000 won out of 1,50,000 won in purchase and sale of phiphones to E; and (c) purchased and sold phiphones in four amount (0.7g x 4, and 2.8g amount) from that phiphones.

(E) On February 24, 2012, the Defendant for the purchase and sale of phiphones is from the vehicle with the low drive of E that was parked on the street near the Gamps Office in Yangju-si around February 24, 2012.