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(영문) 수원지방법원 2013.10.10 2013노3129
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

18,210,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (1) In regard to the part not guilty (the purchase of each penphone in the case of 2013 Go-Ma12) among the judgment of the court below, despite the fact-finding, the defendant made a confession in the investigative agency and the court of the court below, and all the evidence, such as the R's statements in the investigative agency and the court of the court below, and the details of banking transactions, are fully supported by the above confession, the court below erred

(2) As to the convicted portion of the lower judgment on the grounds of unreasonable sentencing, the lower court’s punishment (two years and six months of imprisonment) declared by the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant is not a person handling narcotics. (1) On September 5, 2012, around 19:00, the Defendant purchased 30,000 philophones by sending 30,000 philophones to the national bank account in the name of Scam used. (2) On October 5, 2012, the Defendant purchased 50,000 philophones by purchasing 30,000 philophones around 0,000,000 philophones, which was parked in the bus 19:0 amlophones of Gyeyang-si in Incheon, Gyeyang-gu, Incheon, and purchased 10,000 philophones and 30,000 philophones and 300,000 glograms and 20,000 glograms and 300,000 glograms.

B. The judgment of the court below is that the defendant led to confession of this part of the facts charged and the evidence that seems to correspond to the above facts charged, and the investigation report and the undetained statement of the Incheon Regional Police Agency is sent.

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