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(영문) 서울남부지방법원 2014.02.07 2013노1466
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated in each of subparagraphs 3 through 5.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) On August 5, 2012, the receipt of a penphone around August 5, 2012 (the crime No. 1-A of the original judgment)

-2) The Defendant did not have any fact that around August 5, 2012, the Defendant sent approximately 0.1g of philophones to I.D.

2) On April 2013, 2013, the purchase of philophones (the crime No. 1-B of the first instance judgment)

(3) The Defendant did not purchase approximately 18 grams from L or M on April 2013.

3) On December 2, 2012, the point of selling philophones (the criminal facts of the judgment of the original court No. 1-C)

- 1) The Defendant, around December 2, 2012, did not receive KRW 300,000 from I in return for 0.1g of philophones from around December 2, 2012.

B. The sentence of unfair sentencing (No. 1-A-1 of the original decision) of the court below is sentenced to imprisonment for two months and Article 1-A of the decision of the court below.

-2), 3), and 1

(b)bee;

It is unfair that three years of imprisonment with prison labor, confiscation, and collection] for each crime of this case is too unreasonable. 2.2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant. A. A. The prosecutor of the amendment of an indictment applies for the modification of an indictment with the content that "A.5g" in Article 1-c. 2 of the indictment is "A.3g", "a. 40,000 won" in paragraph (3) is "a. 20,000 won", and "a. 0.7g" in paragraph (3) is "a. 0.3g" and "a. 0.3g" in the indictment. Since this court permitted it, it was subject to the judgment, the judgment of the court below is no longer maintained.

-1) Paragraph 1 of this Article, Paragraph 1 of this Article, Paragraph 1 of this Article, Paragraph 1 of this Article, Paragraph 4 of this Article, Paragraph 1 of this Article, Paragraph 4 of this Article, Paragraph 1 of this Article, Paragraph 4 of this Article, and Paragraph 1 of this Article, Paragraph 1 of this Article, Paragraph 1 of this Article.

5) Paragraph 5 of this part of the facts charged and the summary of this part of the facts charged by the lower court are as follows: (a) and approximately 2.6g of the sales of the non-opoponon (Article 1-C. 1-1 of the original facts charged) on April 2013 (Article 1-3).

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