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(영문) 부산고등법원 2018.05.03 2017노755
마약류관리에관한법률위반(향정)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A tree pipe, seized.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) Fact misunderstandings (prophones and marijuana trade parts) G purchased phiphones and marijuana from the Defendant in the police investigation.

However, in light of the list of cell phone calls of G and Defendant at the time of the instant crime, the details of the dispatch base station and their previous records, etc., G has credibility in the statement made by the police investigation.

Nevertheless, since the lower court rendered a not guilty verdict on this part of the facts charged, it erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant is too uncomfortable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. On April 23, 2017, the Defendant: (a) purchased and sold philophones and marijuana 0.07g and marithic ma in front of the Felon in Kimhae-si, Kimhae-si; and (b) purchased and sold philophones and marijuana 0.07g and marithic marithic marithic marithic marithics.

B. The lower court rejected the credibility of the statement made by G, the only direct evidence that conforms to the facts charged in the instant case, and acquitted the Defendant of the said facts charged, in its detailed statement on the grounds of its determination.

In addition to the facts that G purchased phiphones and marijuana from the Defendant at the time and place indicated in the facts charged, and that it was not prosecuted or criminal punishment, even if the prosecutor additionally submitted evidence in the trial at the trial at the trial at the time and place, it was proven that the Defendant traded phiphones and marijuana to G at the time and place indicated in the facts charged, even if it was examined by the prosecutor, it was proven that the Defendant sold phiphones and marijuana to G at the time and place indicated in the above facts charged to the extent that there is no reasonable doubt.

It is difficult to see it.

Therefore, the above facts charged are acquitted.

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