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(영문) 인천지방법원 2016.03.31 2016노184
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s facts constituting a crime as indicated in the judgment of the court below, Defendant 1 did not have any purchase or part of a philopon from E on December 10, 2014 and December 26, 2014. As to the facts constituting a crime as indicated in the judgment of the court below, the court below found Defendant 1 as guilty of part of the facts constituting a crime as stated in the judgment of the court below without undergoing the amendment procedure, and found Defendant not guilty of the remainder of the facts constituting a crime, thereby affecting the conclusion of the judgment by misapprehending the legal principles on the necessity and scope of the Amendments to Bill of Indictment and the relationship between the

2) The punishment sentenced by the court below to the defendant (the crime No. 1 in its holding: imprisonment with prison labor for 6 months, and the crime No. 2 in its holding: imprisonment with prison labor for 8 months) is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the prosecutor (misunderstanding of facts), the lower court found that the Defendant purchased approximately KRW 5 g of 1,400,000 from E on December 26, 2014, and determined that the Defendant was not guilty of the portion found guilty of the facts charged (as to about KRW 4 g of 1,300,000), and that the remainder of the facts charged is erroneous.

2. As to the assertion of misunderstanding the facts or misapprehension of legal principles by the defendant and prosecutor

A. On December 10, 2014, the Defendant (i) committed the crime of December 10, 2014, and (ii) around December 10, 2014, 2014, 1/250 of the face value of KRW 301,00,000 for the payment of KRW 1,40,000 to E, and (iii) 5/1,000 of the face value of KRW 2,50,00,000,000, face value of KRW 301,000,000,000; and (iv) 2/1,000,000 from E for the payment of the above purchase amount.

Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.

2) On December 26, 2014, the Defendant committed a crime on December 26, 2014, 1.4: (a) 1.4 million won to E at the same place as indicated in paragraph (1) at night on December 26, 2014; (b) 1.4 million won to E; and (c) 5g of phiphonephones from E in return, and (d) 0.3g of them to E.

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