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(영문) 인천지방법원 2018.04.19 2017노3421
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit each crime as stated in the facts charged, the lower court found the Defendant guilty on the sole basis of the testimony of F and J, etc. without credibility, and thus, the lower court erred by misapprehending the facts.

B. The punishment sentenced by the court below against the defendant (the imprisonment of two years and six months, additional collection of 2,100,000 won) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts did the same assertion as the grounds for appeal concerning each criminal facts, and the court below rejected all of the above arguments in light of the following reasoning: F, J, M's specific and consistent statement, Defendant's urine training reaction from the prosecutor's urine, and Defendant's urphone training was discovered in the gambling where the Defendant used for medication, and consistent Defendant's statement, etc.

In particular, the witness F testified in the court of the first instance, and as stated in paragraph (2) of the criminal facts, the road form and direction around the place of crime at the time when the Defendant purchases phiphonephones from the Defendant, the model and number of the vehicle on which the Defendant was on board (SM5, S), the location where the Defendant stopped the vehicle, the horses the Defendant was on board at the time, etc. This is consistent with the statements of the investigative agency and the statement of the court below at the time.

Defendant asserted in relation to the above vehicle, that “the vehicle driven at the time is not SM5 but car sirens. SM5 transferred to G on November 3, 2016 and operated only Karens only until immediately before and after being detained.” However, according to evidence, the Defendant operated the above SM5 vehicle at the time of entering the Kel on March 5, 2017, which is the date of criminal facts No. 5 (the investigation record 343 pages), and the color of the vehicle is as stated in F in the trial court.

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