logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.16 2017노43
마약류관리에관한법률위반(대마)등
Text

The judgment below

We reverse the part concerning collection among the penalty surcharges.

940,000 won shall be additionally collected from the defendant.

The above additional collection charge.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant did not purchase marijuana from H in collusion with C.

H Purchasing 10,00 won for marijuana 10 boxes is C, and C sells one of the marijuana purchased by the Defendant in succession as above, to the Defendant for 70,000 won.

Nevertheless, the lower court, in collusion with C, purchased 4,600,000 won of marijuana 10 boxes.

In recognition, there was an error of misunderstanding facts and affecting the conclusion of the judgment.

2) The lower court sentenced the Defendant to the additional collection of KRW 4.6 million. However, the Defendant’s purchase of marijuana is limited to KRW 700,000,000,000, as it is only one box with the value of KRW 700,000,000,000.

Even if the Defendant conspired with C and 4.6 million won, the entire crime of the hemp 100,000 won is recognized, since C was seized in most of the above-mentioned marijuana in the course of investigation and trial as a separate case, the confiscated marijuana should be excluded from the collection.

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

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined by the lower court, C’s assertion that the amount of marijuana 10 boxes cannot be deemed as the joint purchase of marijuana 10 boxes is: (a) the fact that C, upon receiving a proposal for the purchase of marijuana from G to arrange the purchase and sale of marijuana and driving the Defendant at the request of the Defendant; (b) in the door border, C, along with the Defendant, purchased 10 boxes of less than 10,000 boxes of less than h and paid 4,60,000 won to H; (c) C, upon receiving the advance payment for the purchase of marijuana 10,000 won from the Defendant, created 4,60,000 won by adding its money to 7,000 won, and, among marijuana purchased from H, constituted a smaller gambling box to the Defendant.

2) The Defendant is a police officer.

arrow