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(영문) 광주지방법원 2013.04.05 2013노141
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have administered a drug after purchasing a Mesacule at the time of each crime under paragraphs (a) and (2) of Article 1 of the facts charged in the instant case, and only purchased on June 2012 and administered the drug.

Therefore, the judgment of the court below which found the above facts guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. In consideration of various circumstances on the accused of unfair sentencing, the lower court’s punishment (one year and six months of imprisonment, and nine million won of a surcharge) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, E at the prosecutor's office, it stated that "A around September 201, the defendant found 201 as a clive clive clive clive clive clive clive clive clves residing in Daegu Northern-gu, and asked F to purchase approximately 0.5g clive clves clves clive clves clves clves clves clves clves clves clves clves clves clves clves clves clves clves clves clves clves clves 30,000 clive clves 300,000 clves cl.

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