logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.08 2014노731
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1,833,333 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of fact-finding1) The Defendant is the Mepters (hereinafter “philopon”) from C on April 222, 2013 and May 3, 2013.

(2) The Defendant prepared 600,000 won, along with G on April 2013, 2013, and jointly purchased the penphone from his nameless person, and there was no fact that the Defendant received 700,000 won as stated in the facts charged and sold the penphone to G.

3) On June 14, 2013, the Defendant only mediated the trade of phiphones between I and G, and the Defendant did not sell phiphones to G. B. The sentence imposed by the lower court of unfair sentencing (one hundred months of imprisonment and one thousand eight thousand won of additional collection, eight33,333 won, which is too unreasonable.

2. Determination on the grounds for appeal

A. The summary of the facts charged in relation to the Defendant’s assertion of mistake of facts was dealt with by the following, even though the Defendant is not a narcotics handler.

1) Around 10:00 on April 22, 2013, the Defendant remitted KRW 500,000,000 to the Jinyang-si Bank (D)’s new bank account in the name of Jinyang-si, Namyang-si. The Defendant, around 20:40 on the same day, remitted KRW 5,00,00 to the Defendant’s house at the Defendant’s office at No. 104 1007, Namyang-si, Namyang-si, 104, and approximately 0.5 g of opphone into the single-use injection machine, and then then purchased approximately 0.5 g of opphonephone-phone-phone-phone-phone-phone-phone-based phone-based-based-based-based-delivery-delivery-delivery-delivery-delivery-delivery-delivery-delivery-delivery-delivery (hereinafter “FFFF bank”) around May 3, 2013.

In addition, at around 19:00 on the same day, the Defendant purchased approximately 0.3g of opphonephones from the Defendant’s office, inserting approximately 0.3g of opphones into one-time injection machine, packaging them again as an over-coper, and transmitting them through Kwikset Services from the delivery source of Kwikset Services.

3. On April 1, 2013, at around 15:00, the Defendant parked in the Defendant’s house parking lot, G from G’s H seat vehicle and G.

arrow