(영문) 수원지방법원 2018.03.30 2018노291 | 리걸엔진

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(영문) 수원지방법원 2018.03.30 2018노291

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is acknowledged that the Defendant met H at the time of each day of the judgment below, delivered KRW 200,000 to H in cash, and delivered KRW 100,000 to H in cash, respectively. However, this is merely a loan, and it does not have purchased phiphones from H. However, the court below found the Defendant guilty of all the charges of this case. The court below erred in the misapprehension of facts.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court fully recognizes the Defendant’s purchase of phiphones from H.

① The most essential evidence in each of the crimes in the instant case is H’s statement that sold philophones to the Defendant.

H’s statement is consistent and concrete about the background of the police investigation from the police investigation to the original trial, the amount of penphones issued, the situation before and after the crime.

The contents of each statement are inconsistent with other evidence, such as a telephone record with the defendant, a CCTV image-faging photograph, etc.

Even if considering the various arguments on the credibility of Defendant H’s statement, it does not seem that the false statement will be published differently.

② According to the drug appraisal document, the Defendant’s scopphone ingredients were detected in the Defendant’s hair.

③ On the contrary, although the Defendant denies each of the instant crimes, it is difficult to recognize credibility because the content of the defense is not consistent from the police investigation to the trial of the party, and it conflicts with objective evidence, such as a letter of narcotics appraisal.

(4) A defendant living together with the defendant

I Even through the police investigation and the application for coal submitted at the first instance trial, the defendant kept a penphone at the house.

The statement is inconsistent with the defendant's assertion that there is no philophones issued at the time, and it is rather contradictory to the defendant's assertion that there is no philophones issued.

This is the same as this is applicable.

유사 판례

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