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(영문) 수원고등법원 2020.05.27 2020노101
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Imprisonment with labor (two years of imprisonment, confiscation, and collection) imposed by the lower court is too unreasonable.

B. Prosecutor: Error of mistake of facts and unreasonable sentencing 1) Defendant misunderstanding of facts (one name “G”, hereinafter referred to as “G”)

(2) Although the lower court determined that G was not a person who did not exist in G and acquitted the Defendant of the facts charged that the Defendant imported the instant phone in collusion with G (the receipt of the instant phone in 2019Gohap387). In so determining, the lower court erred by misapprehending the facts, which led to the lower court’s determination of unfair sentencing. (2) The sentence imposed by the lower court of unfair sentencing is too unreasonable.

2. Determination

A. The judgment of the court below on the prosecutor's assertion of mistake of facts is not sufficient to acknowledge that the person who actually exists G with the evidence submitted by the prosecutor alone is a person different from the defendant, and there is no other evidence to acknowledge that the defendant was proven without reasonable doubt, and since it is doubtful whether the principal offender was a principal offender, it is difficult to view the defendant as a principal offender and not guilty of this part of the facts charged.

Examining the circumstances of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable, and thus, the Prosecutor’s allegation of mistake cannot be accepted.

B. The Defendant administered phiphones, arrested a crime related to phiphones, and carried the phiphones into a detention house even if they were confined to the detention house, and carried the phiphones into the fluor, and up to the other fluories.

The capital reduction of philophones from the defendant is the case.

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