logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.02.18 2020노1409
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not have any one of a disposable injection devices containing philophones to E, as described in the facts charged.

Nevertheless, the lower court found the Defendant guilty on the grounds of the E, etc.’s statement suspected of credibility, and thus, it erred by misapprehending the facts.

B. The prosecutor (unlawful in sentencing) sentenced by the lower court is too unhued and unfair.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court can fully recognize the fact that the Defendant sent one of the multiple-use guards to E containing phiphones received from D.

The judgment of the court below which found the defendant guilty is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.

1) From 406, 407, 573, 574, and 697 investigation records to 63, and 666th day of the trial records of the court below, E, together with D around August 27, 2018, put L to the High Branch Office in relation to the instant case.

Since then, D had a philophone different from D, and D did not know that there is no money.

Therefore, before you met D, the defendant received the penphones from D on behalf of the defendant, and made the request, and after completion of the work as D and D as the sub-branch office, they moved D's vehicle to the vicinity of C's station in order to meet the defendant.

D) A consistent statement was made to the Defendant on the following grounds: “Before leaving the train, the Defendant, who was a motor vehicle in his own car, had the motor vehicle driven, had the motor vehicle driven in his own machine, put the motor vehicle in his own machine.”

The E’s statements are consistent with the main parts of the E’s statements, but are somewhat different in some detailed parts.

However, such circumstance alone.

arrow