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(영문) 서울고등법원 2020.01.09 2019노1995
마약류관리에관한법률위반(향정)
Text

1. The part of the judgment below against Defendant A and C shall be reversed.

[Defendant A] The defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged against Defendant A and C (hereinafter “the facts charged in dispute”), the said Defendants led to the confession of the use of “sect” (each single crime part) with regard to the mistake of facts (hereinafter “the facts charged in dispute”), which the lower court acquitted Defendant A and C.

Each police interrogation protocol against F, F's financial transaction statement, and F's statement in Co-defendant B will be reinforced evidence for confession.

Nevertheless, the judgment of the court below which acquitted Defendant A and C of the facts charged is erroneous in finding facts or by misapprehending the legal principles.

B. The sentence of unfair sentencing (with respect to the defendants) which the court below sentenced the defendants as stated in the following table is unreasonable because it is excessively uneasible.

Punishment of Defendant 1-year imprisonment (four years of suspended sentence), additional collection of KRW 415,00,22 B imprisonment (three years of suspended sentence), additional collection of KRW 130,000, and KRW 160,000 imprisonment for two years and six months (three years of suspended sentence of imprisonment) and additional collection of KRW 160,00,00.

2. The summary of the facts charged in the dispute (Defendant AC) Defendant A and C, each of whom is a foreigner of the Russian nationality, dealt with narcotics as follows, even if they are not a person handling narcotics:

Defendant

A1) At around 17:30 on March 20, 2019, the Defendant is a similar body of JWH-018, psychotropic drugs, as defined in Article 2 subparag. 3 (a) of the Narcotics Control Act and attached Table 3(3) of the Enforcement Decree of the Act on the Control of Narcotics, Etc., and is often called “syn marijuana” and “sypha” (one syphs; hereinafter referred to as “spha”) in the outside of the Yeonsu-gu Incheon E Complex.

(2) The Defendant, around March 27, 2019, put in a fluorous volume (per time) and used the smoke by putting the fluor in a string manner. (2) On March 27, 2019, at around 15:10, the tobacco in the vicinity of the Yeonsu-gu Incheon E Complex is adhered to the cigarette.

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