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(영문) 전주지방법원 2013.05.24 2013노67

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following facts: (a) the prosecutor voluntarily stated an undiscepted crime of narcotics; (b) the I and L are not able to compete with the statements made at the time of the investigation and the contents of the statements made at the court due to their respective acceptances; and (c) the unique characteristics of the narcotics transaction where I and L are closely exposed to the risk of detection; and (d) despite the credibility of the I and L statements, the court below acquitted the Defendant on the charges of giving and receiving the instant penphones (2012 J. 2139) on the ground that the I and L statements are not reliable.

B. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (a 3 years of imprisonment, 725,500 won penalty) is too unreasonable.

2. Determination on the grounds for appeal

A. On July 2008, the summary of the facts charged (1) of the prosecutor's argument on the mistake of facts (2012No. 2139), even though the Defendant is not a narcotics handler, the Defendant requested I to the Jung-gu Seoul Special Metropolitan City Seodong department store, "Sung-gu Sungdong Department" before the Jung-gu Seoul Special Metropolitan City Seodong department store, and accepted it, and between I and I, at the entrance of a saving unit in Seoul off-gu, and then he was sent to that person, “I would have to face face value at the parking lot. I would have received the things. I would have received the things. I would have received the things. I would have received the things. I would have received 4 g from the non-name plastic plastic envelope from the non-person on the parking lot, and the lower court did not legally accept the following facts by means of the evidence of the Defendant's vehicle operated in the same kind, and the Defendant did not lawfully receive the following facts: < Amended by Presidential Decree No. 20140, Feb. 2, 2019, 201>