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(영문) 울산지방법원 2016.09.08 2016노640

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that the defendant had not purchased psychotropic drugs from C, the court below erred in misunderstanding of facts in finding the guilty of the defendant, despite the fact that he had purchased the psychotropic drugs from C.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, additional collection 2,300,000 won) is too unreasonable.

2. Determination

A. The following circumstances revealed by evidence duly adopted and investigated by the lower court: ① From the investigative agency to the court of the lower court’s trial, C requested the Defendant to seek philopon at his request; ② on September 3, 2014, the Defendant transferred KRW 4g of philopon to his account at around 20:00 on the same day; on September 27, 2014, at KRW 1 million and approximately 3.5 g of philopon on the 20:0,000 and consistently stated that the Defendant had been 1.3.5 g of 3.5 g of philopon on September 3, 2014; ② on September 3, 2014, the Defendant was 200 KRW 130,000,000,000 in the name of the Defendant’s residence, which was 3.00,0000,000 won in each of the above 3.4 times’s phone numbers.