logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.12.20 2013노1622
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts [Article 1.-b. [Violation of the Act on the Control of Narcotics, etc. by Sale of Handphones] as indicated in the judgment of the court below], the defendant only assisted the sale of Handphones, and Article 1-B of the facts stated in the judgment of the court below.

There is no fact of selling philophones as described in the subsection.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below and the court below in light of the record on the assertion of mistake of facts, the defendant purchased a phiphone from E, etc. upon request of I and M to seek phiphones, and then 1.B of the facts stated in the judgment of the court below.

This part of the defendant's assertion is without merit, because it can be sufficiently recognized that it has been sold to I and M as described in the paragraph.

[On the other hand, the defendant's defense counsel asserts that the defendant's philophones purchased from I or M in the summary of the oral argument submitted after the closing of the argument in this case constitutes an act after I or M, not a sale, but a transfer (free transfer) or a non-pact after I or M. However, according to evidence, it can be sufficiently recognized that the defendant's philophones purchased from I or M are sold again to I or M, and in such a case, it shall be separately established a crime of violation of the Act on the Control of Narcotics, etc. due to the sale of philophones, in addition to the crime of violation of the Act on the Control of Narcotics,

The judgment of the court below on the assertion of unfair sentencing seems to have already determined the sentence against the defendant in consideration of all the circumstances, the defendant committed each of the crimes of this case at the same time despite the fact that he had been sentenced to a suspended sentence for the same kind of crime in 2009, and the defendant provided I, M and the defendant's wife with phiphones and provided them for administration.

arrow