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(영문) 수원지방법원 2020.08.21 2020노1711

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the receipt of phiphones and the medication around June 9, 2019, even though the Defendant had only met C at the time indicated in this part of the facts charged, but did not have any fact that he issued phiphones to C or administered them together, the lower court determined that the Defendant guilty of this part of the facts charged, by misunderstanding the fact, and that there was no fact that the Defendant administered phiphones as indicated in this part of the facts charged. 2) On September 22, 2019, in relation to the administration of phiphones, the lower court erred by misapprehending the facts and adversely affected the conclusion of the judgment.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. On June 9, 2019, around June 9, 2019, the judgment on the receipt of phiphones and about the medication 1) The Defendant received 0.2 g of phiphones by providing C with a single-use injection device with approximately 0.2 g of phiphones, which was known in the course of the previous prison in the place of Seongbuk-gu Seoul Metropolitan Telecom, at around June 9, 2019 through 10.

B) On June 9, 2019 through 10th day of the same month, the Defendant: (a) provided water in a single-use telephone with approximately 0.1g philopon; and (b) provided a philopon in a way that the Defendant injecteds to the Defendant’s arms after dilution. (b) The Defendant asserted to the same effect as the grounds for appeal in the lower judgment; and (c) based on the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant issued a philopon without compensation and recognized the fact that the Defendant administered the philopon as indicated in this part of the facts charged, and rejected the Defendant’s assertion.

(1) As of June 9, 2019, the defendant from the investigative agency to the court of the court below is the defendant.