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(영문) 서울고등법원 2018.04.06 2017노2862
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s misunderstanding of facts is the initial charge 1-C.

The part concerning X-si 10 hours in the above paragraph is nothing more than that of delivery to D, rather than that of sale to D). The ground for appeal was alleged as follows: (i) the part concerning the sale of X-si 10 hours in the above X-si is nothing more than that of delivery to D; (ii) however, the part concerning the sale of X-si 10 hours in the above case is already found guilty of the facts charged by the lower court through changes in indictment at

Therefore, the defendant withdrawn the grounds for appeal in this part from the fourth trial date ( March 14, 2018).

On December 20, 2017, the defense counsel's written opinion contains a statement to the effect that it denies the sale of 1st transaction of D.

However, this is only asserted after the deadline for submitting a statement of reasons for appeal, and there is a reason to ex officio examination under the proviso of Article 361-4(1) of the Criminal Procedure Act in the judgment of the court below on this part of the record.

Therefore, this part of the argument is not judged separately.

The amount of philopon delivered by the defendant to the police officer in June 2016 is 1g, not 2g.

In addition, the defendant does not sell the Zopon to the Z, but it is just that he purchased the Zopon on two occasions at the request of the Z.B. The punishment of the court below which was unfair in sentencing (one year and two months of imprisonment, confiscation, collection 33,586,00 won) is too unreasonable.

2. Determination

가. 사실 오인 주장에 관한 판단 1) 필로폰의 구매를 대행해 준 것에 불과 하다는 주장에 관하여 ㈎ 원 심이 적법하게 채택하여 조사한 증거들에 의하면 다음과 같은 사정이 인정된다.

(1) The Z has remitted the price to the Defendant twice twice and has purchased the penphone or “purchase”.

statement on the date of such statement.

② The Z stated that “the Defendant was aware of the fact that the Defendant would not have been able to administer and sell narcotics at a close level” (Evidence No. 30 pages) as the seller.

(3) The Z shall be two times.

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