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(영문) 부산지방법원 2012.11.23 2012노3102
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact of misconception of facts (the part concerning the violation of the Act on the Control of Narcotics, etc. (fence) in the facts stated in paragraph (1) of this Article) that the defendant received a written phone from D with D in the same circumstance as the facts charged at the time and place indicated in paragraph (1) of this Article. However, although it was merely an I's own name and it was not a purchase of a written phone from D, the court below concluded that the defendant purchased a written phone from D as the reasons indicated in the judgment of the court below. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the part on the assertion of mistake of facts, and the evidence duly adopted and examined by the court below, it is sufficiently recognized that the defendant purchased a penphone at the time and place specified in paragraph (1) of the judgment below as stated in the decision of the court below, and therefore, this part of the defendant's assertion is without merit.

I would like to say.

B. Although there are no circumstances to consider each of the crimes of this case committed by the Defendant on the ground of unfair sentencing, including the fact that the Defendant led to the confession of the crime of the instant philophone medication and made a statement that his mistake is divided in depth, the Defendant has no record of punishment for the same kind of crime, and the Defendant actively cooperates in the investigation of the narcotics offender (hereinafter referred to as the “belophone medication”). However, each of the crimes of this case committed by the Defendant on the ground that each of the crimes of this case was committed by the Defendant on the ground of the purchase and medication (three times) of philophonephone, the nature and content of the crime, means and method, and the volume of the philophonephone handled by the Defendant, etc.

In addition, the defendant has been under the investigation of non-detained by the medication on June 15, 2012.

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