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(영문) 서울중앙지방법원 2016.03.24 2015노4890
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One device of the seized smartphone (No. 3).

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (ten months of imprisonment, confiscation of one smartphone, collection of 3.2 million won) is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant of the facts charged on the medication on the ground that there was no supporting evidence for the Defendant’s confession that the evidence on the fact that the Defendant purchased the phiphones, but the Defendant could serve as a supporting evidence for the Defendant’s purchase of phiphones, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles on the evidence for mistake and confession.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is as follows, even though the Defendant is not a narcotics handler.

1) On April 2015, the Defendant administered philophones by taking off approximately 0.6g opons on a gambling ground, 0.6ghons, which were heated on the strings, and inhales them by using a string as soon as possible.

2) On May 9, 2015, the Defendant: (a) put in water at the upper ophone 204 above ophone 204; (b) put up two ophones into the middle ophones; (c) put up two ophones at the top of the rophones at the right end; and (d) inhales the smoke emitted by heating the rophones as soon as possible against the opposite side.

3) On June 27, 2015, the Defendant: (a) put in water at the upper ophone 204 above ophone 204; (b) put up two ophones at the top of the rophones at the end of the rophones; and (c) inhaled the rophones as soon as possible on the opposite side by inserting about 0.71g of the rophones at the end of the rophones; and (d) inhaleing the smoke emitted by heating the rophones as soon as possible.

4) On July 11, 2015, at around 20:00, the Defendant’s 20:00, put a water into the raw bottle, sticking up two strings as soon as possible, and set up 0.3g grams on the string end of the string at the string end of the string, and opposed to the postponement by heating the strings into the string.

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