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(영문) 서울고등법원 2015.07.16 2015노1119

마약류관리에관한법률위반(향정)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court of first instance that found Defendant A guilty on the ground that Defendant A did not sell 1g of philopon to H through H, but delivered the above philopon to H without compensation, and that the judgment of the court of first instance that found Defendant A guilty on this part is erroneous and adversely affected the conclusion of the judgment.

B. The sentence imposed by the first instance court on the Defendants (Defendant A: imprisonment of two years, confiscation, additional collection, Defendant B: imprisonment of two years and six months, confiscation, additional collection, Defendant C: imprisonment of three years and three years, confiscation, and additional collection) is too unreasonable.

2. Determination

A. Comprehensively taking account of evidence duly adopted and examined by the first instance court on the assertion of mistake (Defendant A), Defendant A knew to H around September 2014 that he had a penphone of 400 to 500 grams, and asked H to find out the place where he would dispose of the above penphones. Since there was a person who would purchase the penphone from Y, H would have changed the penphone from Y, and H would have met Y and I with the subway station located in Jung-gu in Seoul with Defendant A on September 14, 2014. The judgment of Defendant A and Y sent 1 to 200 won on behalf of Defendant A and 200 won on behalf of Defendant A and 200 won on behalf of Defendant A and 100 won on account of 0.4 won on behalf of Defendant A and 200 won on account of 00 grams, which were delivered by Defendant A and 200 won on behalf of Defendant A and 10,000 won on account of rap.