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(영문) 광주지방법원 2018.01.25 2017노4390

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to the sale of Mept 1 in the indictment No. 1), the Defendant borrowed 300,000 won at F’s request, although the Defendant was only smaller than F on Jan. 2, 2017, and did not pay the mephones with F, but did not trade with C and F, so there was no purchase of mephones from F in collusion with C (as to paragraph (a) of the indictment No. 1-related to the charge), and there was no difference between F and F on Feb. 11, 2017 (as to paragraph (b) of the indictment No. 1-related to the charge). B. Illegal sentencing of the lower court (as to imprisonment with labor for one year, confiscation, and additional collection) is unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court, such as the F’s investigation agency, which corresponds to this part of the facts charged, the specific and consistent statement from the facts charged to the lower court to the lower court, the relationship between the Defendant and F, telephone call details, and account transaction details, etc., the fact that the Defendant purchased phiphones from F at the time and place specified in each of the above facts charged can be sufficiently recognized.

The defendant's assertion in this part is not accepted.

3. In light of the favorable circumstances, such as the fact that the defendant recognized a part of the crime, thereby infringing on the defendant’s depth, the fact that there was no record of punishment for the same kind of crime between about 19 years from the time of the last punishment for narcotics crimes, etc. However, the crime of this case is extremely poor in light of the frequency of the crime, the quantity of phiphonephones handled, etc. that the defendant purchased or received phiphonephones over three times and administered twice, and the crime of narcotics, etc. requires strict punishment for the crime that has a great harm to society, and other factors of sentencing as shown in the records and arguments, such as the defendant’s age, sex, sex, environment, family relationship, circumstances after the crime, etc., are considered as a whole.