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(영문) 광주지방법원 2018.05.02 2018노385
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as stated in the judgment of the court below, although the defendant received and administered the Meloptocule (one philopon; hereinafter “philopon”) which is a local mental medicine, the defendant was guilty of all the facts charged of this case based on the E’s statement that is not reliable. The judgment of the court below is erroneous in the misunderstanding of facts and misapprehension of legal principles.

2. Determination

A. The lower court’s judgment based on the following circumstances, i.e., (i) specifically stated the Defendant in the court of the lower court on the background leading up to the formation of the phiphone, and (ii) made a relatively consistent statement on the Defendant’s receipt and medication of the phiphones, (iii) the statement of E and F on the fact that the Defendant’s installation of the phiphones from the DNA telephones corresponds to the part of the E’s statement, (iv) the Defendant’s installation of the phiphones, entering into the Defendant’s room, and subsequently, sold 0.1g of the phiphones from the DNA on the date and time frame indicated in the instant facts charged, and (v) the Defendant’s installation of the phiphones, and the Defendant’s announcement to the effect that “the phiphones was administered at the place” after several hours.

The statement is that the defendant was residing in the home home near the above telephone at the time, and that E was accommodated in the above telephone, 6 if the defendant was unable to find out the reason for the removal separately from E in the above telephone, 7 There is no reason for the defendant to make a false statement about the pretending to administer the phiphone or whether to administer the phiphone. 8 With respect to the circumstances of information, E already stated as follows: "I want to know all the facts related to the narcotics in the situation where the pleading of the narcotics case against himself is closed and only the declaration is made." In fact, E was at the time.

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