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(영문) 부산지방법원 2015.04.03 2014노3635
마약류관리에관한법률위반(향정)등
Text

The judgment below

Among them, the part against Defendant A shall be revoked.

Defendant

A shall be punished by imprisonment for eight months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (two months of imprisonment and additional collection) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on Defendant A is too unfeasible and unfair. 2) The Defendant B’s assertion of mistake of facts as to Defendant B is not consistent and cannot be recognized as credibility against the ordinary sense. In light of the content of the letter delivered by the said Defendant to F, although it can be sufficiently recognized that the said Defendant conspired with the Defendant A to compel F to give a perjury, the lower court acquitted the Defendant A of the facts charged in this case on the ground that it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination:

A. It is recognized that Defendant A made a judgment on the assertion of unfair sentencing against Defendant A and the prosecutor on the assertion of unfair sentencing with respect to Defendant A, and the confession of the crime of this case and reflects his mistake, and each crime of the above Defendant, as stated in the judgment of the court below, is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 39(1) of the Criminal Act.

However, the crime of this case was committed by Defendant A, who was prosecuted for the violation of the Act on the Control of Narcotics, etc., and was tried by Defendant A, and was tried for the violation of the Act on the Control of Narcotics, etc., and was tried by Defendant F to appear as a witness and make a false testimony at the above trial on several occasions, and ordered F to make a false testimony. The crime of this case was committed by Defendant A to E in light of the method and content of the crime, etc., and the crime committed is very poor in light of the nature of the crime, and the social harm caused by toxicity of narcotics, etc. is serious and the health and social safety of the people.

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