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(영문) 대구지방법원 2015.04.24 2015노246
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the defendant provided or administered philophones to F, the court below found him guilty of each of the facts charged in this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence, i.e., ① the F appeared as a witness on October 24, 2014 at the third day of the court below and testified at the investigation agency that the defendant met another woman. However, F was indicted on suspicion that "I am philopon administered by the defendant on the lower day on January 25, 2014," and was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court Seo branch on July 25, 2014. At the 20th day of the court below's decision, F was sentenced to a punishment of 1 year for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court's 20th day of probation, and it was difficult for the Defendant to testify at the 20th day of the court below's 20th day after the aforementioned judgment became final and conclusive, and the testimony at the 20th day of the defendant's oral statement at the court below.

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