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(영문) 창원지방법원 2015.11.05 2015노2203
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant, although he did not inhale hallucinogenic substances, argued that there was an error of law by misunderstanding the fact that the defendant inhaled the '601 lusium' '601 lusium containing the lusene, which is a hallucinogenic substance, in a transparent vinyl paper, and then inhaled the 'f01 lusium' into the entrance of a vinyl paper, and then inhaled the lusium at the entrance of a vinyl paper, which affected the conclusion of the judgment.

B. The Defendant asserts that the sentence imposed by the lower court (one year and two months of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. From July 18, 2015 to September 19, 2015, the Defendant injected the 601 lux “601 lux,” containing hallucinogenic substances, into a transparent plastic lux, and inhaled them by inserting them into the entrance of the plastic lux at the entrance of the plastic lux.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

C. In full view of the following circumstances revealed by the court below's judgment and the evidence duly admitted and examined by the court below and the court below, namely, ① the Defendant's waste prices with eight copies and seventy parts of "601 Oral Dual Dual Dual Dual Dual Bad," ② all of the Defendant's urine and eight parts of "601 Oral Dual Dual Dual Dud," and seventy parts of "601 Dual Dual Dual Dud," and the Defendant's purchase of eight parts of "601 Dual Dual Dud," it is reasonable to view that the Defendant inhaled the "601 Dual Dual Dud, containing the above "601 Dual Dual Dual Dud," and thus, the judgment below convicting this part of the charges is justified.

Therefore, the defendant's assertion of mistake is not accepted.

3. On the assertion of unfair sentencing.

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