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(영문) 서울고등법원 (춘천) 2021.01.27 2020노162
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On January 2020, among the facts charged in the instant case by misapprehending the legal principles, evidence was submitted to reinforce the confessions of the Defendant as to smoking marijuana in the early police officer.

Nevertheless, the judgment of the court below which acquitted the defendant on the grounds that there is no evidence to reinforce the confession of the defendant as to this part of the facts charged is erroneous in the misapprehension of legal principles as to the rules of reinforcement of confession.

B. The sentence of the lower court (one year and two years of imprisonment, one year and two years of suspended execution, etc.) is deemed to be too uneasible and unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On January 20, 2020, the Defendant of this part of the facts charged: (a) followed the AA apartment at the Seocho-si, Gyeongcheon-si, AB, etc.; (b) laid off the g of a half of the size of tobacco in a aluminium aluminium, attached a one-time container with a fire in a one-time container; and (c) smoked marijuana in such a way as to smoke by making the hole on the floor of the pet, and by smoking it through the hole.

B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the Defendant’s confession cannot be used as evidence of conviction against this part of the facts charged, on the following grounds: (a) although the Defendant led to the confession of the Defendant at the prosecutor’s office and this court; (b) in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, there is no supporting evidence as to the Defendant’s smoking of marijuana as in this part of the facts charged; and (c) there is no other evidence to acknowledge this part of the facts charged.

On December 18, 2019, the Defendant led to the confession that he purchased marijuana on or around December 18, 2019, and the reinforcement evidence on this is related to the Kakao dialogue.

However, the date and time stated in this part of the facts charged is the following for the defendant to purchase marijuana:

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