logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.04.15 2016노192
마약류관리에관한법률위반(향정)
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

(2) the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 1 in the original judgment, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of this part of the facts charged, and ② The sentence of the lower court that sentenced the Defendant to the sentence (a year of imprisonment, confiscation, and collection) is too unreasonable.

B. As to the acquittal portion of the lower court’s judgment, the lower court acquitted the Defendant of this part of the facts charged, but it erred by misapprehending the fact that the Defendant administered a phiphone, thereby adversely affecting the conclusion of the judgment, and ② the above sentence of the lower court is too uneasible and unreasonable.

2. As to the defendant's mistake of facts

A. The summary of the facts charged is as follows.

The Defendant is a Korean national residing in the Republic of Korea from 3 years of age to her travel to Korea on July 2011, and is not a person dealing with narcotics.

On February 2, 2015, from around 21:00 on the following day to around 02:00, the Defendant: (a) within a white K5 passenger car in which it is impossible to identify the number he was driven by the Defendant who moved from the new station located in Gangnam-gu Seoul, Gangnam-gu, Seoul to the station of tri-dong; (b) KRW 600,000 in cash from E, and (c) approximately 3g of phiphonephonephones contained in plastic plastic bags.

Accordingly, the defendant purchased and sold philophones.

B. The lower court, based on the evidence presented by the lower court, purchased phiphones from the Defendant in consistent with the following circumstances, i.e., E from the investigative agency to the lower court’s court.

The circumstances before and after the purchase of philophones are stated, and the defendant and E have made a mobile phone call on January 2015, and the Eman purchased philophones from the defendant in February 2015.

(b) a statement;

arrow