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(영문) 서울고등법원 2019.08.22 2019노1091
마약류관리에관한법률위반(대마)등
Text

Defendant

All appeals filed against A and B and the Defendant A and C of the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On May 2018, Defendant A1’s portion of receiving marijuana to Defendant B among the police officers of the Republic of Korea on May 2018, 2018, Defendant A’s volume of the hemp that was dried to Defendant B to Defendant B during May 2018, is not about two Lb (906g) but about one Lb (453g).

G, which was present at the time, made a statement corresponding to this part of the facts charged, but cannot be trusted.

Nevertheless, the court below found Defendant A guilty of this part of the facts charged with the specific amount of marijuana, which Defendant A found to Defendant B as approximately two pounds ( approximately 906g).

B) On September 6, 2018, around September 6, 2018, Defendant A accepted marijuana to Defendant B through Defendant C, the volume of the hemp dried to Defendant B is not about five tons (a approximately 2,265 grams) but about 4 tons (a approximately 1,812gg). Defendant B stated the amount of the hemp received from Defendant A to conceal the fact that he was supplied with marijuana by another person. Nevertheless, the lower court found Defendant A guilty of this part of the charges with approximately 5 tons (a approximately 2,265g amount of the hemp dried to Defendant B) of the amount of the hemp dried to Defendant B by mistake of the fact. (b) The lower court sentenced Defendant A to an unreasonable sentencing sentence (a three years, confiscation, confiscation, and collection) is too unreasonable.

B. Error of facts: around September 6, 2018, Defendant B received marijuana from Defendant A on or around September 6, 2018, and around 2,105 grams, the amount of marijuana received from Defendant A through Defendant C, is approximately 5 tons ($ 2,265 grams) and less than 160 grams. Nevertheless, the lower court found Defendant B guilty of the amount of marijuana dried by Defendant A with approximately 5 tons ($ 2,265 grams) and calculated an excessive surcharge based on this part of the facts charged. From May 2, 2018 and around September 6, 2018, the amount of marijuana received from Defendant A through Defendant C is about 2,105 grams. Nevertheless, the lower court found Defendant B guilty of the amount of marijuana dried by Defendant A as about 5 tons ($ 2,265 grams) and calculated an excessive surcharge.

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