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(영문) 서울북부지방법원 2016.04.01 2015노1797
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the statements made by the investigation agency of D and H, an accomplice of fact, the defendant from March 28, 2009 to the same year

4. Although it is possible to fully recognize the fact that a philophone was administered at the Defendant’s residence located in China, the lower court erred by misapprehending the fact and thereby acquitted the Defendant on this part of the facts charged.

B. The sentence sentenced by the lower court is too uneasible and unfair.

2. Determination:

A. Each statement is made in the investigation agency of I and H as evidence supporting this part of the facts charged.

However, I and H appeared as a witness of the court below and made a false statement at the investigative agency without any scopic scopic scopic scopic scopic.

testimony is made.

In light of the testimony, each statement made by I and H to an investigative agency is insufficient to admit the facts charged, and there is no other evidence to acknowledge that the defendant administered a phiphone at the time.

Therefore, we affirm the judgment of the court below that acquitted of this part of the facts charged.

We do not accept the prosecutor's assertion of mistake.

B. In light of the facts alleged by the prosecutor on the grounds of appeal, the lower court’s sentence against the Defendant cannot be deemed as being too uneasible, even if considering all the circumstances asserted by the prosecutor on the grounds of appeal.

The judgment below

There is no significant change in circumstances to consider the sentencing of the accused.

Therefore, the prosecutor's improper assertion of sentencing is not accepted.

3. If so, the Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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