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(영문) 대전지방법원 2019.05.02 2019노153

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts: The Defendant merely went to the case site to see a blick tree, and there is no way to arrange the trade of flickphone between B and a person who has no name.

B. Unreasonable sentencing: The sentence of the lower court (one year and two months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same purport as the reasons for appeal, and the court below found the defendant guilty on the charges of the defendant's assertion and its judgment (it is recognized that B purchased the phone by introducing the defendant in the process of the public trial on the suspicion of purchasing the phone, etc. of his own phone, and that both the defendant and B stated that "B has requested the defendant to seek the phonephone", in light of the inconsistency, contradiction, and reversal of each statement between the defendant and B, it is difficult to believe the defendant's change or reversal statement, and other factors such as the defendant's investigation into the charge of buying and selling the phone, the circumstance leading up to the commencement of the investigation into the charge of buying and selling the phone, the currency details between the defendant and the seller of the phone, and the location of the base station for sending the phone, it is recognized that the defendant has arranged to trade the phone between B and the person without the name).

Examining the original judgment and the trial court’s duly admitted and closely compared with the evidence examined, the above judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts as alleged by the defendant in the original judgment.

(In addition to the evidence, such as the letter of the B and the letter bags, which was submitted in the trial, it is not enough to affect the above judgment). Therefore, the defendant's assertion of mistake of facts is without merit.

B. The sentencing of the judgment on the assertion of unfair sentencing is based on the statutory penalty, and the matters constituting the conditions for sentencing under Article 51 of the Criminal Act.

참조조문