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(영문) 대전지방법원 2018.09.13 2018노1158

마약류관리에관한법률위반(향정)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of the facts (guilty part of the lower judgment) did not have sold a mert cloid (one philopon; hereinafter “philopon”) to C, as indicated in this part of the facts charged.

2) The sentence of the lower court (one and half years of imprisonment, additional collection) which is unfair in sentencing is too unreasonable.

B. According to the evidence submitted by the Prosecutor, it is recognized that the Defendant sold philophones as indicated in this part of the facts charged.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. 1) In determining the credibility of a victim’s statement, etc. supporting the facts charged, the court shall not without delay reject the victim’s statement, etc., unless there exist any separate materials that can reasonably be deemed credibility when the victim’s statement is consistent with the facts charged (see, e.g., Supreme Court Decisions 201Do2631, Jun. 28, 2012; 201Do7428, Nov. 12, 2015; 2007Do4278, Nov. 2, 2015; 2007Do4278, Nov. 28, 2015).