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(영문) 인천지방법원 2019.10.31 2019노2188

마약류관리에관한법률위반(향정)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the lower judgment, with respect to the sales of philophones on September 11, 2018, the Defendant did not sell philophones to H as indicated in this part of the facts charged.

B. In light of the fact that it is difficult to deny the credibility of the confession of the Defendant, and that theO made a statement that corresponds to the confession of a part of the Defendant, among the lower judgment’s judgment, as indicated in this part of the facts charged, it is sufficiently recognized that the Defendant purchased philopon from an unqualified person as indicated in this part of the facts charged, with respect to the purchase of philopon between July 2017 and August 2017.

B) With respect to the sale of philophones in the judgment of the court below regarding the sale of 2019 Highest 1370 case C, in light of the fact that C consistently stated that it purchased philophones from the defendant, and that the defendant also recognized the fact that C was communicating at the time and time and place indicated in this part of the facts charged, it is sufficiently recognized that the defendant sold philophones to C as indicated in this part of the facts charged. 2) The sentence (one year and six months of imprisonment, confiscation of 1, and collection of 270,000 won) imposed by the court below on the defendant is unreasonable, because it is too unfasible.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court argued to the same purport, and rejected the Defendant’s assertion on the grounds as indicated in its reasoning. In full view of the evidence duly admitted and examined by the lower court, the fact that the Defendant sold philopon on September 11, 2018 can be recognized, so the Defendant’s assertion of mistake of facts

B. As to the prosecutor’s assertion of mistake of facts, the lower court on the part of the lower judgment regarding the fact that philophones purchased between July 2018 and August 2017, 2017, led to the confession of this part of the facts charged.