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(영문) 창원지방법원 2014.01.28 2013노1951
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (alongly unfair) is too unreasonable because the Defendant (along with imprisonment in one year and six months, confiscation, and collection KRW 102,00) is too unreasonable.

B. Since it was proved that the F's statement at the prosecution was made in a particularly reliable state, such as that the F's statement was made in accordance with specific and objective evidence and that it was made in a particularly reliable state, the admissibility of evidence should be recognized in accordance with Article 314 of the Criminal Procedure Act. According to the evidence submitted by the Prosecutor, according to the evidence submitted by the Prosecutor, the Defendant sold a merpte to F, as shown in the facts charged in the instant case No. 2013Kadan795, the Defendant sold a merpte to F, and the fact that the merpte was administered is sufficiently recognized.

Nevertheless, the court below rejected the admissibility of the protocol in which the F's statement was made in the F's prosecutor's office on the grounds that it is difficult to see that the F's statement was made in a particularly reliable state, and found the remainder of the evidence alone not guilty on the grounds that it is insufficient to recognize this part of the facts charged. The court below erred by misapprehending the legal principles as to the rules of evidence or by misunderstanding facts,

2. Judgment on the prosecutor's misapprehension of the legal principles and mistake of facts

A. The summary of this part of the facts charged (No. 2013No. 795) is that the Defendant is not a narcotics handler.

1) At around 18:00 on June 2, 2012, the Defendant: (a) received KRW 350,00 from F, and delivered one g of the Metetop (hereinafter “ditophone”) to F, and sold the Metetop (hereinafter “E”); (b) around 13:30 on July 2012, the Defendant added the 0.2g of the butophone sold by the Defendant, along with the said F, to the 8th floor toilets of H building located in the Daegu Metropolitan City, Busan Metropolitan City; and (c) added the 0.2g of the lutophone sold by the Defendant, as in the preceding paragraph, to the luto.

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