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(영문) 인천지방법원 2019.02.14 2018노3912
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the facts charged in the instant case of mistake of facts or misunderstanding of legal principles are widely stated in the Defendant’s Melapsocule date, time, place, method of medication, etc., the relevant facts charged cannot be deemed to have been specified.

In addition, the defendant does not have any fact that he administered philophones by himself, so it cannot be viewed as a crime by intention.

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misapprehending the legal principles as to the establishment of the crime, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (a.e., one year and two months of imprisonment, and a 100,000 won penalty) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant also asserted the same as the grounds for appeal. In full view of the following circumstances recognized by the records of this case, the lower court rejected all of the Defendant’s defenses asserted in the instant charges on the ground that the instant facts charged was specified to the extent that the Defendant did not infringe the Defendant’s right to defense, and that the Defendant was recognized to administer phiphones as stated in the facts charged. (A) According to the records of this case as to the facts charged, the prosecutor: (i) the date and time of the recovery of urphones from the reaction to the training of phiphonephones; (ii) the period from the administration of phiphones; (iii) the period from the administration of phiphones; (iv) the Defendant’s statement about the place in which the Defendant resided or visited; and (v) the location of the base station for sending phiphones at around March 10, 2018; and (v) the Defendant specified the date and time of the crime as “the Michuhol-gu Won.”

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