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(영문) 서울중앙지방법원 2012.12.06 2012노3377

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the sales of philophones), the Defendant did not sell philophones to D, as stated in paragraphs 1 and 2 of the judgment below, and merely mediates the sale of philophones between the person with no name and D.

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment.

B. The lower court’s sentencing (one year and six months of imprisonment and additional collection of 2.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. Regarding the assertion of mistake of facts or misapprehension of legal principles, the following circumstances revealed by comprehensively taking account of the evidence legitimately adopted and examined by the court below, namely, ① the defendant received the purchase price upon request from D to request to request scopon, such as the statement in paragraphs 1 and 2 of the judgment below, and he himself directly saw D to scopon. The defendant's scopon trade was not directly made between D and the defendant's scopon trade, ② there was no direct contact or contact with D with the above scopon. ② At the time of each of the trade in this case, the defendant did not introduce the above scopon to D, or did not take measures such as arranging for the above scoponon to contact with D with the above scopon on the scopon on the scopon on the scopon on the scopon on the scopon on the scopon on the scopon.