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(영문) 부산고등법원 2017.06.08 2017노188

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, on June 13, 2016, was unaware of the fact that C and K were minors at the time when he administered phiphones as stated in the lower judgment (Articles 2016, 550, 2016, 2016, 799, and 2016, 799).

Nevertheless, the lower court, however, knows that C and K were minors.

In view of this part of the facts charged, all of the charges were found guilty. The judgment of the court below is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six years of imprisonment, etc.) is too unreasonable.

2. Determination

A. In full view of each of the evidence in the judgment of the court below, including the defendant's first trial date and each confession statement at the fourth trial date, as to the assertion of mistake of facts, the court below's judgment that found the defendant guilty of each of the above facts charged is just and acceptable, and there is an error of law as alleged by the defendant, as otherwise alleged in the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the Defendant’s favorable circumstances (i.e., the part where the Defendant, on June 13, 2016, excluding the crime of medication of philopon (i.e., the part where the philopon was administered to C and K) committed in the course of the hearing of the lower court and the lower court, against his mistake.

The statement is made by the defendant, the defendant's statement about the source of a phiphone (the so-called "scopon line") at the time of investigation into an investigative agency, and cooperates with the investigation into a narcotics crime, and the defendant has no record of narcotics crimes related to the philophone marijuana's fuel (JWH)-018 and its carcass, etc.).