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(영문) 부산지방법원 2016.01.15 2015노3956
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting the crime of the Busan District Court 2015 High Order 2646 case (hereinafter “the denial part of this case”), the Defendant did not provide F with approximately 0.05 g of the Melop (hereinafter “Melopon”), such as the denial part of this case, on the grounds that there was no fact that the Defendant provided F with approximately 0.05 g of the Melopon (hereinafter “Melopon”), among the facts constituting the crime in the judgment of the court below, the judgment below convicting the Defendant of the denied part of this case by misapprehending the legal principles or by misapprehending the legal principles

B. The sentence of the lower court (a year and six months of imprisonment, confiscation and collection) which is unfair in sentencing is too unreasonable.

2. The evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or legal principles [Provided, That a copy of the protocol of interrogation of police officers against F in relation to the defendant and accomplice (the Busan District Court No. 2015 High Court No. 2646 List No. 1) appears to have denied its contents without the consent of the defendant to use it as evidence at the first trial date of the court below. Thus, Article 312(3) of the Criminal Procedure Act is applied and its admissibility is nonexistent (see Supreme Court Decision 2003Do7185, Jul. 15, 2004; 2003Do7185, Jul. 15, 2004; 2015Do3147, Nov. 25, 2015; 2015Do1477, Nov. 24, 2017).

(2) The F shall be deemed to have been used by the defendant around April 15, 2015.

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