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(영문) 의정부지방법원 2018.08.13 2018노1501
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the time, at the place, and at the time, at the place, as stated in paragraph (1)(C) of the judgment of the court below, only administered a phiphone three times, without any fact that he administered a phiphone at the date, time, and place indicated in paragraphs (a) and (b) of Article 1 of the judgment of the court below, and there is no fact that he drives a motor vehicle while he administered a

Nevertheless, the Defendant, on the other hand, driven a motor vehicle under the administration of philophones at the time and place mentioned in paragraphs (a) and (b) of Article 1 of the decision of the court below, at the same time and place, and at the

In light of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Summary of the facts charged in this case

1. Violation of the Act on the Control of Narcotics, Etc. (fluence) is not a person dealing with narcotics, and thus the Defendant is not a person dealing with narcotics, and thus cannot deal with Metepha (fluorlopon; hereinafter “philopon”).

A. On March 5, 2018, the Defendant, who was administered in a middle-speed highway shelter, was driving a motor vehicle from CAWWn, departing from an insane area (hereinafter referred to as Cheongju-si) around 02:00 on March 5, 2018 and parked in the Seoul BAWn area through a middle-speed highway, and then parked in the Seoul BAWn area on the said motor vehicle and 0.05g on a penlopon in a way of drinking water in the said vehicle and drinking water.

B. Around 04:00 on March 5, 2018, the Defendant continued to drive the said car in the vicinity of the Seongbuk-gu Seoul residential area, parked the car in the vicinity of the Defendant’s residential area in Seongbuk-gu Seoul residential area, and then put about approximately 0.05 grams in the said car and the car was administered once by drinking water.

(c)

The Defendant continues to drive the said car in the vicinity of the E-care center at Guri-si, and on March 5, 2018.

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