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(영문) 수원지방법원 2017.11.23 2017노6778

마약류관리에관한법률위반(향정)

Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (two years of imprisonment, confiscation, and collection) by the lower court is too unreasonable.

B. Prosecutor 1) The lower court’s above sentence against Defendant A (unfair sentencing) is too uncomfortable and unfair.

2) As to Defendant B (misunderstanding of the fact), Defendant B’s scopon was detected as a result of Defendant B’s scopon, and Defendant B was living together with Defendant A and two years, even if Defendant A did not speak, it is obvious that Defendant A knew of the fact of occasional medication of scopon. Defendant B did not memory at any time or in any circumstance where the scopon component was bopon.

Therefore, in light of the fact that it is difficult to believe the statement as it is, Defendant B intentionally administered Mauriting with the knowledge that Defendant B contains philopon ingredients.

must be viewed.

Nevertheless, the judgment of the court below which acquitted Defendant B of the facts charged is erroneous as a matter of law.

2. Determination

A. Determination on the Prosecutor’s assertion of mistake as to the facts as to Defendant B’s Defendant B

2) The lower court’s judgment: (i) Defendant B’s hair had a voice response; (ii) Defendant B’s DNA was not detected as a result of DNA’s appraisal on the inhaled Handphone medication in which Defendant A had been in possession; and (iii) it was confirmed on February 22, 2017 that Defendant A administered phiphones under the so-called Seoul Geumcheon Qua building 501 (the so-called water cigarette method); and (iii) as a result of the party member’s inquiry into the National Scientific Investigation Research Institute, the research institute collected the said phiphones from February 22, 2017, in which the numerical value of the phiphones detected from Defendant B’s urphones was 375 g/mL. < Amended by Presidential Decree No. 27420, Feb. 22, 2017>