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(영문) 대구지방법원 2016.03.25 2015노4874
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below, which found the defendant guilty of the facts charged in this case, although the defendant did not have a philopon to E as stated in the judgment of the court below.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① each statement from E’s investigative agency to the court of the lower court from the date and time, place, etc. of the lower court’s judgment to the date and time, place, medication method, etc., are considerably specific and consistent with the background of the crime (the contact method and content with the Defendant, the method of preparing a philopon purchase price, etc.), ② the aforementioned content of E’s statement is supported with the Defendant’s telephone and text contents, the accurately consistent location with the relevant base station; ③ the response response from E’s hair taken around July 27, 2015, five days after the date of the instant crime, to the training of philopon was generated; ④ the response from E’s hair taken around July 27, 2015 from the date of the instant crime and the situation before and after the instant crime, from the investigation agency to the court to the lower court, and the relationship with the Defendant and E, etc.

In full view of the fact that it is difficult to see, the defendant can sufficiently recognize the fact that the defendant walopphones E as stated in the judgment of the court below.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is an error of law by misunderstanding facts as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

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