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(영문) 서울남부지방법원 2013.10.17 2013노1171

마약류관리에관한법률위반(향정)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant has not driven a vehicle at around 20:00 on March 21, 2013.

B. The judgment of the court below on unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. On March 21, 2013, the Defendant stated that a person who drives a vehicle by Fchip around March 21, 2013, is M, not himself/herself, and that the witness M in the trial at the request of the Defendant was a Fchip which was repaired and parked in the home of the Defendant by driving the car at the request of the Defendant and driving the car at the request of the Defendant.

However, the Defendant and M state’s assertion are acknowledged by the record, that is, the Defendant stated in the police that M was entrusted to the J for an accident while driving the instant vehicle (167 pages of the Investigation Record), that M was stated in the court of the first instance that there was no such fact, and that the Defendant stated in the police that “the Defendant, who was going to pay money in return for repair expenses, requested to drive a vehicle from the J to the J that was found to pay the repair expenses” (170 pages of the Investigation Record), is difficult to believe as it is.

Rather, according to the record, K, a staff member of J, was in the industrial history of the instant car from the police around March 12, 2013, and the instant car was leased from the Defendant to the latter, but the latter was in an accident (see, e.g., Investigation Records 155 pages, 156 pages), and on March 21, 2013, at around 20:00, the Defendant found a mixed industrial history, reduced the repair cost to KRW 170,000,000 in cash and received cash from the Defendant at his request, and the Defendant was directed the Defendant to repair the instant car and returned to the Defendant directly driving the instant car.

Detailed statement was made to the effect that it is "(see, e.g., 157 pages, 158 pages)", and the above statement was recognized as committing this part of the crime.