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(영문) 수원지방법원 2020.08.21 2020노2490

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

B. The prosecutor (as to the acquittal portion of the judgment of the court below) appealed on the whole judgment of the court below on the grounds of mistake of unfair sentencing and part of the acquittal portion. However, the “reason for appeal” in the petition of appeal submitted by the prosecutor submitted by the prosecutor is merely stated as the case where the sentence is too minor due to the influence of partial innocence, etc., and there is an error of misunderstanding of facts in the judgment of the court below which acquitted part of the grounds for appeal submitted by the prosecutor, and where this part of the facts charged is found guilty, the court below’s decision that acquitted part of the grounds for appeal is erroneous, and the court below’s decision that acquitted part of the grounds for appeal is also erroneous. As a whole, if this part of the facts charged is found guilty,

Therefore, it cannot be deemed that the judgment of the court below stated the legitimate grounds for appeal on the guilty portion in the judgment of the court below (see, e.g., Supreme Court Decision 2020Do2795, Jul. 9, 2020). As long as the prosecutor rejected the prosecutor’s assertion of mistake of facts as examined below, the court below cannot deliberate and determine whether the sentencing on the guilty portion is unfair either ex officio or ex officio by the prosecutor’s decision on the grounds for

Although it is difficult for the Defendant to believe that the Defendant’s lawsuit was in bad faith, and according to the evidence of this case, such as H’s statement, the Defendant could recognize the fact that he sold phiphones to H, the lower court determined that the Defendant was not guilty of this part of the charges

Judgment on the grounds for appeal by a prosecutor

A. The summary of this part of the facts charged (not guilty part of the judgment of the lower court) is that the Defendant, on June 1, 2019, 200:2 g of philopon to H from the insular area below G on the 15:30 popon.