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(영문) 수원지방법원 2015.11.13 2015노2590
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the guilty portion of the lower judgment, Defendant (1) cannot be deemed to have specified time in the facts charged, and there is no fact that the Defendant administered philophones on a temporary basis.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. As to the part not guilty in the judgment of the court below, comprehensively taking account of the evidence as to the prosecutor (1) erroneous determination of facts and misapprehension of legal principles, the fact that the defendant administered phiphones on June 4, 2014 can be sufficiently recognized.

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The Defendant also argued the same purport in the lower court as to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, and the lower court separately explained the grounds in the end of the evidence and rejected the Defendant’s above assertion, and convicted the Defendant of this part

Examining the judgment of the court below closely by comparing it with the evidence records, the judgment of the court below is sufficiently acceptable, and there is no error of misconception of facts or misapprehension of legal principles.

Therefore, the defendant's assertion of mistake and misunderstanding of legal principles is without merit.

B. As to the facts charged regarding the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the lower court determined that the F’s statement at the investigative agency and court, the only evidence for the reasons for innocence, is difficult to believe, and that this part of the facts charged is not guilty.

Examining the judgment of the court below in comparison with the evidence record, the judgment of the court below on this part of the facts charged is sufficiently acceptable, and there is no error of misconception of facts or misapprehension of legal principles.

Therefore, there is no reason for the prosecutor's assertion of mistake and misapprehension of legal principles.

C. The defendant's decision on the assertion of unfair sentencing by the defendant and the prosecutor is a favorable circumstance, such as the fact that the defendant was involved in the one-time medication, and the defendant is again under suspension of execution due to the same kind of crime.

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