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(영문) 서울동부지방법원 2021.03.26 2020노1754
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendants 1) misunderstanding the facts (the remainder of the facts charged in the judgment of the court below excluding salphon medication) are aware that the Defendants were salphe-type medication and other charges charged (hereinafter “the instant Alphe-type medication”) and did not recognize the fact that the instant Alphe-type drug contains the instant Alphe-type medication. As such, the Defendants did not have intention to commit a crime of violation of the Narcotics Control Act with respect to the remainder of the facts charged, excluding salphon medication, but the court below found the Defendants guilty of this part of the facts charged. Accordingly, the court below erred by misapprehending the legal principles.

2) Each sentence sentenced by the lower court to the Defendants (Defendant A: Imprisonment with prison labor for 10 months, Defendant B: fine of 5 million won) is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of facts, the lower court also asserted that the Defendants alleged the above facts, and the lower court found the following facts or circumstances acknowledged by the evidence duly admitted and examined by the lower court, i.e., the Defendants administered phiphones at the Defendant B’s residence living together with several times, i.e., the Defendants administered phiphones at the Defendant B’s residence, and scopic mental drugs used for treatment of scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s (3).

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