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(영문) 서울서부지방법원 2015.07.10 2015노430

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of fact-finding 1) Metepia, a psychotropic drug on July 20, 2012 (i.e., one philogram; hereinafter referred to as “philophone”).

(2) Unlike the investigation agency at the time, E, unlike the investigation agency, stated that he/she was unable to directly see the face value of the purchase of or the administration of philopon in the original judgment, the purchase of the philopon on July 20, 2012, July 21, 2012, and July 23, 2012 (the crime of Articles 1 through 4 of the original judgment). Unlike the investigation agency at the time, the court below found E to be guilty of this part of E’s statement as evidence, there was an error of law by misunderstanding the facts charged as evidence. 2) The fact of purchasing philopon on August 23, 2014, and the fact that philopon was administered on a philopon on July 23, 2012, and on July 23, 2012 (the crime of Articles 5 and 6 of the original judgment). The Defendant did not make a statement at the investigation agency or cooperation with each investigation agency.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

B. The court below's sentence of unfair sentencing (the punishment of 4 months of imprisonment and 8 months of collection and 750,000 won in addition to the punishment of 5 to 7 years of imprisonment on the crimes of 1 to 4 on the market) on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, which determined that the determination of the assertion of mistake of facts was made on July 20, 2012 on the purchase of phiphones, July 2012, July 2012, July 21, 2012, and on the administration of phiphones, July 23, 2012, and July 23, 2012, E purchased five ghons from the female of Thailand at the hotel guest room around July 20, 2012, and the Defendant and E used part of them for one-time injection.