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(영문) 서울중앙지방법원 2017.07.06 2017노1515
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting the crime of the lower judgment’s judgment [2017 Form No. 19395] No. 1-B (hereinafter “instant facts charged”), the Defendant merely delivered philopon by intimidation, and did not sell philopon in collusion with E.

B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. On February 28, 2017, the lower court partially recognized the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court to the effect that: (i) the Defendant denied all of the 3rd police investigations (Evidence Records No. 850 through 852); and (ii) the Defendant, in the 2nd prosecutorial investigation on March 6, 2017, delivered the phiphone to the effect that “the phiphone was delivered once according to E’s instructions” (Evidence No. 914); and (iii) on March 15, 2017, in the 3rd prosecutorial investigation to the effect that “the Defendant delivered the phiphone two times in compliance with E’s instructions,” made a statement to the effect that “the Defendant sent the phiphone to the 4th prosecutorial police officer’s consent,” and that the Defendant was given a false statement to the effect that he was given the e-mail and received the e-mail to the effect that he was given a false statement in lieu of the e-mail.”

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