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(영문) 수원지방법원 2014.02.06 2013노5741
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) Of the judgment of the court below on August 5, 2013 of the erroneous determination of facts, the Defendant was convicted of the Defendant, although it was merely a fact that the Defendant, as recorded in the facts charged, decided to jointly purchase L with L, rather than selling phiphones, did not sell phiphones; (b) received L’s phiphones payment and then divided part of L’s phiphones after receiving L’s phiphones; and (c) the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

② Even if the conviction of an unreasonable sentencing decision is recognized, in light of all the sentencing conditions of the instant case, the lower court’s punishment (one year and six months of imprisonment, additional collection 1.250,000 won) against the Defendant is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant’s philophonephone to L is part of approximately 3.3g of philophone purchased from F on July 31, 2013 (i.e., KRW 3.2g 0.1g), which was purchased from F on a total of KRW 2 million (i.e., KRW 3., KRW 3.2g 0.1g), and the Defendant did not mention L at the time when he was investigated about the suspected purchase of philophones (i.e., KRW 2013No495) (i., KRW 177, the investigation record of the case, 2013No495), and (ii) the Defendant purchased from F on a total of KRW 400,000,000,000 for KRW 307,000,000 for KRW 307,000,000).

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