마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. In spite of the fact-finding or misunderstanding of the legal principles, the defendant did not sell a penphone to E as stated in the criminal facts No. 1 of the judgment below, the court below convicted the defendant. The court below erred by misunderstanding of facts or misunderstanding of the legal principles.
B. The sentence of the lower court (a 3 years of imprisonment, an additional collection of 1100,00 won) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. The lower court’s determination 1 on the assertion of misunderstanding of facts or misapprehension of the legal doctrine 1) is sufficiently recognized in full view of the following: (a) the statement of E, which the Defendant purchased phiphones from the Defendant, can be specifically, consistent and reliable; (b) the Defendant was confirmed to have exchanged several times before and after the crime committed in the judgment of the Republic of Korea, and (c) the Defendant, at the time of committing the crime of this case, asserted that there was no doubt as to the reason why the Defendant was the DNA, which is the place where the crime of this case was committed; and (d) if there was no relationship between E and E, it appears that E could be difficult for the Defendant to specifically state the place where the crime was committed in the investigative agency.
The judgment and conviction were affirmed.
2) The following circumstances, which may be acknowledged by the evidence duly adopted and investigated by the lower court in light of the foregoing circumstances cited by the lower court, namely, the organization or organization for which the lower court used to perform the work at the cancer “N” located in Yangsan City M on March 30, 2017, and then divided the Defendant who was in the middle and rear line, and then asked the Defendant to seek a philopon by requesting the Defendant to do so.
On April 1, 2017, the following day, the Defendant requires money if he/she finds a philophone by telephone.
It is prepared for 1 million won.
After the direction of “suppers,” we can find it directly with the house located in Yangsan CityO at a time, and sufficiently search for one day.