logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.02 2014노4795
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have purchased 50 grams from D Mepta (copon, hereinafter “copon”).

B. The lower court’s sentencing (one year and six months of imprisonment, and seven million won of the surcharge) is too unreasonable.

2. The summary of the facts charged in the instant case, despite that the Defendant was not a narcotics handler, dealt with psychotropic drugs, as follows:

The Defendant heard words from D that “I would like to bring a philophone in China,” and offered D that “I would first sell 50 to 100 grams of a philophone to Busan East and pay the purchase price to D.

Accordingly, around December 5, 2013, the Defendant promised to pay to D the purchase price of opon 7 million won after disposing of opon opon opon opon opon from D to 50 grams from the first floor of the F Hospital in Dongdaemun-gu Seoul, Dongdaemun-gu.

Accordingly, the defendant purchased philophones.

3. Determination

A. As evidence corresponding to the facts charged in the instant case, the court of the lower court and the court of the lower court, each statement at the prosecution, and the pocket book (Duplicate) prepared by D are written.

B. It is difficult to believe that D’s statements are as they are, as seen below:

(1) D sells 50 grams to the Defendant for KRW 7 million. However, if the Defendant sold the said penphone to a third party and received a payment, D sells the said phonephone to the Defendant at the time of receiving the payment, and stated that he sent the phonephone to the Defendant on credit.

① However, it was the first time that D traded philopon between the Defendant, ② D ordinarily trades philopon as testified in the trial, and there is little case where D trade philopon is on credit, and there is no case where D trade philopon is on credit to another person. ③ D is a space that was known to the Defendant with the degree of three months of aquatic life as the Defendant and it was not a specially-friendly relationship.

arrow