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(영문) 서울서부지방법원 2015.09.24 2015노743

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment and one hundred thousand won of collection) is too unreasonable.

B. With respect to the fact of the administration of philophones on December 7, 2012 by the prosecutor, the court below found the Defendant not guilty of this part of the facts charged, and erred by misapprehending the legal principles as to the evidence supporting the confessions, even though the Defendant made a very concrete statement in detail, the process and method of administration, and consistently led to the confessions in the trial court up to the trial court, and there were circumstantial evidence to acknowledge that such confessions are true.

The prosecutor’s petition of appeal states “the scope of appeal” as “the whole,” but does not state “the grounds for appeal” as “the grounds for appeal,” and does not state any specific grounds for appeal concerning unfair sentencing in the prosecutor’s statement of grounds for appeal. Therefore, it is determined that only the prosecutor’s allegation of mistake of facts and misapprehension of legal principles regarding the acquitted portion is legitimate grounds for appeal.

2. Determination

A. On December 7, 2012, the lower court determined that: (a) around 22:00 on December 7, 2012, the Defendant: (b) in collusion with D, C, and non-name customers, administered approximately 0.03g of 0.03g of 0.5g of clopon, which was parked in the parking lot behind the Gangwon-gu Seoul Seocho-gu Seoul Metropolitan Government bus Terminal distribution, on the rear side; and (c) in combination with D, C, and the non-registered persons, administered the clopon in one-time popon in collusion with each other; (d) on the basis that the Defendant 30.0g of copon, which was parked in the lower court on the rear side of copon which was parked in the parking lot; (e) on the basis of the results of the Defendant’s coponon’s copon on March 12, 2013, the lower court found the above facts charged against the Defendant’s copon.