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(영문) 대전지방법원 2017.03.29 2016노3699
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. In fact, the Defendant made a confession as to the charge of the administration of approximately 0.7 grams on August 7, 2015 (public prosecutor) and the charge of the administration of approximately 0.15 grams on the part of the Defendant, (2) on December 28, 2015, and (3) on December 29, 2015, and (4) on the charge of the administration of approximately 0.15 grams on the part of the phone, and (4) on G’s statement, G, and M may be admitted as evidence of reinforcement of the said confession by the Defendant.

Therefore, the judgment of the court below not guilty on this part of the facts charged on the ground that there is no evidence of reinforcement, is erroneous in the misapprehension of legal principles as to the evidence of mistake and confession

B. The sentence of the lower court (a two-months of imprisonment, an additional collection of KRW 771,428) is too heavy or unreasonable.

Judgment

A. As to the assertion of misunderstanding of facts and legal principles, the evidence of the confession is sufficient if it is sufficient to acknowledge that the confession of the defendant is true, not a processed one, even if the whole or essential part of the facts constituting the crime is not acceptable, and the indirect or circumstantial evidence, not a direct evidence, can be proven. In addition, if the confession and reinforcement evidence are consistent with each other and it is possible to find the facts of the crime as a whole, it is sufficient to prove the evidence of guilt (see, e.g., Supreme Court Decisions 95Do1794, Feb. 13, 1996; 2007Do3813, Jun. 28, 2007). The defendant led to confession that "the defendant purchased approximately 0.7 grams of a cellphone on August 7, 2015."

However, the Defendant stated that “G has delivered all philophones purchased to G free of charge (Evidence No. 219, 250, 251, page No. 251 of the evidence record, page No. 23 of the trial record),” and that “G has not received a large number of philophones from the Defendant, which are about 0.7g or less, and it has received approximately 0.2g philophones stored in a white paper (Evidence No. 16th, page 352 through 355 of the evidence record),” and purchased approximately 0.7g of philophones on August 7, 2015.

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