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(영문) 서울고등법원 2021.03.25 2020노2243

마약류관리에관한법률위반(마약)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the misunderstanding of the facts pertaining to the Defendant’s trade mediation for narcotics; (b) the misunderstanding of the legal principles did not arrange for the trade of narcotics between B and C; and (c) insofar as the seller and the buyer did not simply inform B of the phone number, the mere fact that the seller knew of

The sentence of the court below against the illegal defendant in sentencing is too unreasonable.

Comprehensively taking account of the statements in C and I concerning the use of narcotics by the prosecutor, etc., the Defendant may fully recognize the fact that he/she used narcotics by taking inco-face 0.1g of around November 12, 2018.

Nevertheless, the court below erred in finding the Defendant not guilty of the charges concerning the use of narcotics, etc. without rejecting the credibility of the above statement.

The sentence of the court below against the illegal defendant in sentencing is too unfortunate and unfair.

On November 16, 2018, the Defendant: (a) received a request from B to introduce a person who sells cocars “ from B”; and (b) notified B of the contact address of C, which is a Cocar sales book; and (c) made C purchase of approximately KRW 500,00 in cash at around 15:00 to 16:00 on November 19, 2018; and (d) assisted B to sell and purchase narcotics between B and C.

Judgment

In the lower court, the Defendant asserted that this part of the grounds for appeal was similar to the grounds for appeal, and the lower court rejected the said assertion in detail on the assertion of the Defendant and the defense counsel under the title of “the allegation” and “the determination of the Defendant and the defense counsel.”

The term "alutic vessel" in the sale and purchase of narcotics, etc. means an act of arranging or promoting convenience in the sale and purchase of narcotics, etc. by linking them with each other, knowing that the parties to the transaction intend to sell and purchase narcotics.