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(영문) 전주지방법원 2014.11.07 2014노929

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal, F, and G’s statements are consistent and reliable as to the main parts of the judgment below, and the rejection of the credibility of each of the above statements is not reasonable solely on the grounds of various circumstances recognized by the court below, and also, F, and G have already been convicted of having purchased the Mesacop (hereinafter “Mesopon”) from the Defendant, and thus, the judgment of the court below that acquitted the Defendant of the facts charged in this case is erroneous.

2. Determination

A. As consistent from the investigative agency to this court, the Defendant consistently denied the facts charged in the instant case by asserting that there was no fact that F had sold phiphones to F, while there was a statement from F, G’s investigative agency, and F’s deposit withdrawal from the court below to the date, time, place, and place indicated in the instant facts charged. As such, the Defendant denied the instant facts charged by asserting that F did not sell phiphones to F, and thus, there was evidence to prove the facts charged in the instant case,

B. First, the F’s investigative agency and the lower court stated that the credibility of each of the statements in the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the following circumstances acknowledged by the lower court: (a) when first being investigated by an investigative agency on October 15, 2013, F purchased two gramphones from H at Suwon-si on September 13, 2013, and it was the last transaction; (b) “H trading with H was the last day on July 23, 2013; and (c) trading with A was done on September 13, 2013; and (d) the F made a statement that “The specific statement would be made on September 13, 2013.” (Evidence No. 15 of the evidence record); and (e) the F’s deposit transaction details after checking the deposit transaction details in the name of F, if the Defendant was made at the time and time to receive the instant investigation on October 23, 2013.