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(영문) 서울고등법원 2014.05.29 2014노611

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

60,000 won shall be additionally collected from the defendant.

(e).

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles - around 03:00 on March 21, 2013, around 05:00, around 14:00, around 23:00, each part on the administration of Meptacacacacacacacacacacacacacacaca and the part on the smoking of marijuana, when investigated by the police, (i) the Defendant took care of the police officer’s coercive attitude and the awareness that he would be called “as soon as possible” for the police officer’s leading newspapers that treat him as habitual drug medication; (ii) eventually, the Defendant made two times or more of the interrogations into the police, stated that the administration of Meptacacacacaca (hereinafter “mephonephone”; and (iii) the number of smoking drugs acquired, differently from the fact, and did not make any false statement after being sent to the prosecution.

I’s legal statement in the original court, copy of the interrogation protocol of I (secondly), account transaction details, etc. presented by the lower court concerning the Sheet medication (excluding the part concerning the philophone medication at around 01:00 on March 21, 2013) cannot be the reinforced evidence of confession made by the Defendant in the investigative agency.

The lower court determined that the Defendant smoked marijuana at the Defendant’s residence at around 2:00 each day from July 27, 2013 to July 31, 2013 after purchasing 2.5g of marijuana from an unsatisf of the Defendant’s name on July 10, 2013. However, the lower court stated that M was present at the lower court as a witness and stated that the Defendant gave 1g of marijuana free of charge to the Defendant on August 2, 2013, and the content of each narcotic appraisal document and its documentary test document, cannot be reinforced evidence of the purchase of marijuana. The smoking part of the hemp was detected from the Defendant’s urine taken on August 10, 2013, but the date and time of smoking of the marijuana specified on the basis of the urine appraisal, and that the Defendant was within 10 days from July 21, 2013 to July 31, 2013.