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(영문) 수원지방법원 2019.06.28 2019노956

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 does not have any c at the time, place, etc. as indicated in the judgment of the court below, and Defendant 1 did not have any c at the time, place, and C, and the crophones (so-called “so-called “prophones”;

(2) Although there was no fact that the Defendant issued a written phone, the lower court erred by misapprehending the facts of the lower judgment that found the Defendant to have issued a written phone to C on December 20, 2016 among the facts charged in the instant case. (2) The lower court’s sentence of unfair sentencing (two months of imprisonment and additional collection) is too unreasonable.

B. According to the evidence submitted by the prosecutor 1 of the facts-finding, although the court below found the Defendant guilty of selling phiphones on January 24, 2017 among the facts charged in the instant case, it erred in the misapprehension of the facts-finding judgment, which found the Defendant not guilty of this part of the facts charged. 2) The above sentence of the court below on unreasonable sentencing is too uneasible and unfair.

2. The lower court found the Defendant and the prosecutor guilty of each assertion of mistake of facts, on the grounds that the part below the second and fourth "the summary of evidence" and the part below "the fourth and below 2.2" of the judgment, and that the part of the facts charged in the instant case pertaining to the issuance of philophones on December 20, 2016 was found guilty by taking account of the statements by C in support thereof, telephone conversations details, etc., and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant sold philophones to H on the date and at the place specified in the facts charged, and that there is no other evidence to acknowledge this.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and thus all the arguments of mistake of facts between the defendant and the prosecutor

3. Sentencing the judgment of the court below on the assertion of unfair sentencing by the defendant and prosecutor.