beta
(영문) 대구지방법원 2016.10.21 2016노3000

마약류관리에관한법률위반(향정)

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. Defendant 1) misunderstanding of facts did not sell a phiphone to F and G on January 18, 2015 or administer phiphones together with them. Nevertheless, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances recognized by the lower court as to the assertion of mistake of facts: ① the testimony that corresponds to the facts charged in the instant case as a witness at the court of the lower court; ② the telephone conversations between the Defendant and G support each of the above testimony; ③ around 20:00-21:00 to 21:00, the F had 0.3 popon copon copon copon copon copon crison copon crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison 30:00 G on January 18, 2015.