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(영문) 서울남부지방법원 2017.12.21 2017노2095

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the part concerning the administration of philophone medication in 2016 ought to be dismissed in accordance with Article 327 Subparag. 2 of the Criminal Procedure Act as the indictment procedure becomes null and void due to the lack of specification of the facts charged.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

B. 1) The Defendant, with respect to the administration of transphones in 2016, did not consistently administer transphones at the prosecution stage.

was stated.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged in this case based on the suspect interrogation protocol was erroneous and adversely affected by the conclusion of the judgment.

2) With respect to the receipt and medication of honphones in 2017, the Defendant attempted to purchase honine or honine to a narcotics-related hon-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con,

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

(c)

In light of the fact that the defendant voluntarily surrenders to the sentencing, that the defendant reflects the fact that the defendant, and that the defendant commits any contingent crime without suffering from disease, the punishment sentenced by the court below (ten months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the Defendant administered narcotics.

As a result of an appraisal on the hair immediately after the police report, it is proved that the philophone was administered, and the defendant, however, at the prosecutor's office, administered the philophone at a specific time and place from H and I.

The judgment of the court below was made.