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(영문) 의정부지방법원 2017.03.09 2016노2641

마약류관리에관한법률위반(향정)

Text

The judgment below

The part of the additional collection against the Defendants is reversed.

8,384,650 won respectively from the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C1: (a) The lower court erred by misapprehending the legal doctrine on the fact that the Defendants’ amount of the cambacopon (the so-called “copon”, hereinafter referred to as “coponon”) purchased by the Defendants for the first time on August 2015 was 0.7g, but was 3.5g, thereby adversely affecting the conclusion of the judgment (criminal facts No. 1-A. 2). (b) In so determining, the lower court collected the copon that the Defendants purchased by deeming the copon that the copon purchased by the Defendants as 17.5g and calculated on the basis thereof (i.e., KRW 17.5g x 500,00) respectively from the Defendants.

In that sense, from among the philophones purchased by I, the owner of the remaining philophones (i.e., 0. 0. 1960 3.9347) held 4.1307 g (i.e., 0. 0. 1960 3.9347) was arrested and seized by the investigation agency and confiscated by the court. Thus, the above 4.1307 g is the same as the confiscation in substance in relation to the Defendants

Nevertheless, the judgment of the court below that collected 8.75 million won including the above 4.1307g from the Defendants without exclusion, respectively, is erroneous in the misapprehension of legal principles as to additional collection, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the Defendants (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Defendant A and C asserted that the volume of the penphones purchased by the Defendants from the first instance court to August 2015 was merely 0.7g, not 3.5g, but 0.7g.

2) However, I listen to the phrase that he was punished by fraud only when I, an accomplice, sells a false philopon on the Internet, and accordingly puts up a false philopon on the Internet, and there is no think that I would sell the philopon by selling it from the upper line.

“A” refers to the fact that the phone was in contact and actually purchased a phiphone, resulting in the instant crime; I, on September 14, 2015, purchased from an investigative agency for the first time on August 14, 2015, 3.5g (i.e., five phiphones) x 1.