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(영문) 대구지방법원 2016.11.25 2015노2568

마약류관리에관한법률위반(향정)

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and two months of imprisonment) is too unhued and unfair.

B. Defendant 1) The Defendant, as indicated in the facts charged in the instant case, found Defendant guilty of all of the facts charged in the instant case, even though he did not use a philophone by scopuling it in the form of sexual intercourse or scopulon from H, was erroneous and adversely affected the conclusion of the judgment. 2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. On December 2012, 1) first of all, we examine the Defendant’s argument about the use of phiphones. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court: ① the Defendant led the Defendant to the prosecution to use phiphones as stated in this part of the facts charged; ② the Defendant used phiphones in the same manner as in this part of the facts charged but made a statement that phiphones were detected from the Defendant’s fluoral in a sexual intercourse with the JJ by using phiphones; ③ the Defendant’s conspiracy ( approximately 3:5 m in length) was detected of phiphones from the Defendant’s wife’s fluoral source (as long as 14:17cm in length, 13m in Mophones, 14m in fluoral, 4m in fluoral, 7m in H-27m in the case of the Defendant’s cluoral research institute.