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(영문) 대구지방법원 2015.01.23 2014노2968

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, although the Defendant did not administer philophones, is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, additional collection of one hundred thousand won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the court of appeal as to the assertion of mistake of facts: (a) the defendant alleged that the Metepopty was detected as a result of the appraisal of the defendant's base; (b) the defendant does not directly talk with D or philopon delivered from D; (c) on March 7, 2014, the details of the call sent and received between the defendant and D were confirmed; and (d) around March 18, 2014, the defendant sent a large quantity of mephones as at the time of discovery of meloptys from the urine located within the inside-dong area of the court below and the court of appeal; and (d) the defendant appears to have been aware of the fact that the defendant had no contact with D; and (d) the defendant had no contact with D, which appears to have been delivered to the investigation agency about 30 mepophers if C and D were detained in Daegu detention house; and (e) the defendant could have been aware of the relationship between D and D.