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(영문) 서울고등법원 2017.03.09 2016노3966

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that: (a) Defendant 1 was aware that the Defendant would have made an appraisal as to whether to administer narcotics when he returned to the Republic of Korea; and (b) Defendant was aware that he did not return to the Republic of Korea on the following day; (c) Defendant was guilty of having committed an intentional act on the administration of phiphones; and (d) the judgment of the court below which found Defendant guilty of having affected the conclusion of the judgment by misunderstanding the fact that he was guilty of the administration of phiphones.

2) The punishment sentenced by the lower court (one hundred months of imprisonment, additional collection KRW 100,00) is too unreasonable.

B. Prosecutor 1) The F’s statement on the fact that the Defendant misunderstanding the fact that he had imported phiphonephones was consistent for two years, and D also directly observed the above crime by the Defendant.

Since testimony, the court below found the defendant not guilty of the revenue of philophones, it erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. 1) Determination as to the assertion of misunderstanding the fact that the Defendant administered a phiphone, even though the lower court argued to the effect that this part of the claim is identical to the assertion, the lower court rejected the above assertion in detail and knew the fact that the Defendant was included in the phiphone ingredients in the alphphone.

In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and the defendant's assertion is not accepted.

2) With respect to the importation of penphones, the summary of the facts charged in this part of the facts charged is to tear the cover part of the cover, such as physical shooting, etc. of both of which the Defendant reported by the Defendant, where “The Defendant returned from Cambodia on December 13, 201 to the Republic of Korea, brought the penphones into the Republic of Korea, brought about the penphones, and contain five grams of the penphones.”