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(영문) 광주지방법원 2016.05.24 2016노382
마약류관리에관한법률위반(향정)
Text

The judgment below

The remainder of the forfeiture and collection, excluding the forfeiture and collection, shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. In relation to Article 1-1(a) and (b) of the facts charged (public prosecutor), the lower judgment that acquitted the Defendant, despite the sufficient evidence that the Defendant purchased, received, and delivered, textphones on December 2, 2014, is erroneous in the misapprehension of facts.

B. As to the sentence of the lower court (a year and six months of imprisonment, confiscation, and collection) which is unfair, the Defendant asserts that the Defendant was too unreasonable, while the prosecutor appealeding that it is too unfasible and unfair. However, the prosecutor appealedd each other by asserting that it is unfair.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

Of the facts charged in the instant case for which the lower court rendered a verdict of not guilty at the trial court at the trial court, the prosecutor applied for amendments to the Bill of Amendment with the purport that “1-A was changed from “Beman around December 2014” to “Beman around January 2015,” “the date and time referred to in 1-B” to “Beman around January 2015,” “the end of January 2015,” “the date and time referred to in 2-A was changed to “Feman around January 2015, 2015” from “the date and time referred to in 2-A” to “the date and time referred to in 2-A was changed to “the subject of the judgment,” and the lower court was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in its entirety and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the prosecutor's assertion of facts or the prosecutor's improper argument of sentencing, and it is so decided as follows.

Criminal facts

The summary of the evidence and the defendant are not the narcotics handler.

1. Purchasing philophones;

A. On January 2015, the Defendant: (a) purchased 300,000 won from the Non-soft-gu, Gwangju; (b) purchased 300,000 won from E; and (c) purchased approximately 0.5g of the Mesoft-gu, a local mental medicine.

B. On January 2015, the Defendant: (a) around the end of Gwangju Northern-gu, the Non-Monobel care room located in Gwangju Northern-gu; (b) 300,000 won to E; and (c) philophones, which are local mental drugs.

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