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(영문) 의정부지방법원 2016.11.18 2016노2604

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two months of imprisonment, confiscation, and collection) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts (as to the acquittal portion), the judgment of the court below that acquitted the Defendant of this part of the facts charged on a different premise is erroneous, which affected the conclusion of the judgment, even though the Defendant sold a penphone to I as stated in this part of the facts charged, received a part of the sold penphones, and could acknowledge the fact that the Defendant administered it, and on a different premise. 2) The above sentence imposed by the court below of unreasonable sentencing is excessively une

2. Determination

A. On November 21, 2015, the Defendant: (a) on the part of this part of the facts charged, the Defendant: (b) on November 21, 2015, 90,000 won in cash from I within the car of I parked in the path near H Station located in the Nam-gu Incheon Metropolitan City, Nam-gu; (c) on the part of I, approximately 2.8g of philopon to I; and (d) on the part of Suhopon, he sold and received psychotropic drugs by receiving approximately 0.7g of philopon from I under the pretext of Suhopon.

B) At the same time as above (A), the Defendant, at K’s house located in Guro-gu Seoul Metropolitan Government J, injected psychotropic drugs by inserting phiphones into a single-use injection machine and dilution with water to the Defendant’s own arms and injecting them into the Defendant’s arms.

2) The lower court’s judgment: (a) the evidence supporting this part of the facts charged lies in the statement of I; (b) the memo on November 20, 2015 among the memos of I’s memos (the part of “the drinking value of KRW 900,00” refers to the purchase price of memophones); (c) the information of the base station of the Defendant’s mobile phone on the day of the instant case includes K’s office in Guro-gu; and (d) the Defendant sent text messages to I on November 18, 2015 (the “Good contact will have been known”; and (b) the gist of I’s statement, the most core point of which is the Defendant’s statement, is “I, I would like to know about how to communicate with I” on November 18, 2015.