logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.12 2014노1038
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the court of first instance that found the Defendant guilty of this part of the charges is erroneous by misapprehending the legal principles as to corroborating evidence, which affected the conclusion of the judgment, inasmuch as there is only the confession of the Defendant as evidence of violation of the Act on the Control of Narcotics, etc. (mariana) due to smoking in marijuana

B. The sentence of the first instance court on the unfair sentencing (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable.

2. Determination:

A. Determination of the misapprehension of the legal principle on the assertion of the confessions 1) If it is sufficient to find that the confessions of the defendant are true, not just because all or essential parts of the crime are not recognized, but also if it is possible to recognize that the confessions of the defendant are true, it can be used as indirect evidence or circumstantial evidence, not direct evidence, and if the confessions and reinforced evidence mutually constitute a crime as a whole, it would be sufficient to establish evidence of guilt (see, e.g., Supreme Court Decisions 2007Do3041, Jul. 12, 2007; 2001Do1897, Jan. 8, 2002). 2), the defendant, after making a specific statement at the investigative agency that "the defendant smokes marijuana purchased from B while keeping it in custody," and he also maintains the court of first instance 200,000 won of the confessions from the defendant to the court of first instance.

9. The 5g of marijuana has been purchased in cash with one million won and one million won.

The term "(131 pages of investigation records), B, purchased 2 grams from A on May 2012 from 200,000,000 won, and thereafter, in front of the Ltel in Gwangjin-gu, Seoul.

arrow