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(영문) 부산고등법원 2013.09.12 2013노237
마약류관리에관한법률위반(향정)등
Text

Of the judgment of the first instance, the part on the defendant B and the judgment of the second court on the defendant B are each set forth in the judgment of the first instance.

Reasons

1. Summary of grounds for appeal;

A. Article 2 of the Judgment of the first instance court of mistake of facts against Defendant B 1

A. (1) As to each of the crimes of paragraphs (1) and (3) 1, 2008, psychotropic drugs (one-time philopon; hereinafter “philopon”) with respect to T on February 19, 2008 and March 1, 2008.

No. 2 of the holding

B. (1) On November 1, 201, 201, the introduction of A to purchase phiphones, but Defendant C did not purchase phiphones. Of the judgment of the second court, the fact that Defendant C was present as a witness of a violation of the Act on the Control of Narcotics, etc. (flavoring) against C in the part of the crime of paragraph (1) of Article 2 of the judgment of the second court and testified to the effect that the Defendant did not purchase phiphones from C does not constitute a false statement contrary to memory. 2) The sentencing of the court of the first instance of unfair sentencing (flavoring 2 of the judgment of the first instance court on each of the crimes of paragraph (1) of Article 2 of the judgment of the second instance (flavoring 1,40,000 won) and the sentencing of the court of the second instance on each of the crimes of paragraph (1) of the judgment of the second instance (a) of Article 1 of the judgment of the first instance court on each of the crimes of paragraph (b) of the first instance.

B. Defendant C1) On November 1, 201, 201, Defendant C1’s testimony of the first instance judgment of misunderstanding of facts at A’s request, but only 200,000 won was sent to B and 10,000 won was not sold to B. There was no fact that he received phiphone from A on January 19, 2012 and January 21, 2012. Defendant C1’s testimony to the effect that the Defendant was present as a witness of the case violating the Act on the Control of Narcotics, etc. (fright) against the Act on the Control of Narcotics, etc. (fright) against B and the Defendant did not have sold phiphone to B does not constitute a false statement contrary to memory. 2) The sentencing (fright month) of the second instance judgment of unfair sentencing (fright month)

C. The lower court’s sentencing (one year and six months of imprisonment, confiscation and additional collection KRW 3,362,50) of Defendant D1 is too unreasonable.

The sentencing of the Prosecutor B and C by the lower court.

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