beta
(영문) 부산지방법원 2014.04.25 2013노3907

마약류관리에관한법률위반(향정)등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (unfair punishment) (one year and six months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts has consistently denied the crime from the investigative agency to the court of the original trial. Defendant B had a voice response to the Mepta (hereinafter “philopon”) even in the result of the maternity appraisal on Defendant B.

Defendant

The direct evidence corresponding to the facts charged against B is only the statement of the defendant A, and since the defendant A's statement has no credibility in many respects, there is no evidence to acknowledge the guilty of the facts charged in this case.

Nevertheless, the judgment of the court below that found Defendant B guilty of all the facts charged is erroneous in the misapprehension of facts.

(2) The sentence imposed by the lower court on Defendant B (one year of imprisonment, etc.) is too unreasonable.

C. The prosecutor (in the judgment of the lower court on the part of Defendant B)’s sentence (one year of imprisonment, etc.) sentenced by the lower court to Defendant B is too uneased and unreasonable.

2. As to Defendant A’s assertion, it is recognized that Defendant A recognized the crime of the instant fraud and phiphone medication from the original trial to the court of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the level, and Defendant A voluntarily reported the crime of his phiphone medication to an investigative agency at the discretion, and that Defendant A actively cooperatedd with the investigation at

However, Defendant A had a record of being punished for fraud more than ten times from 2005 to 2012, and in particular, on April 5, 2012, Defendant A was sentenced to imprisonment with prison labor for a crime of fraud committed several times and more than one year and six months at the Daegu District Court as of April 5, 2012, and committed the instant crime during the period of repeated crime without being aware of the completion of the execution of the sentence on October 6, 2012, and other defendants’ age, character and behavior.