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(영문) 수원지방법원 2015.11.27 2015노4879
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Criminal facts stated in the judgment of the court below 1.C.

around January 15, 2015, the Defendant did not participate in the crime of selling phiphones to F around January 15, 2015.

The sentencing of the lower court on unreasonable sentencing (one year and six months of imprisonment, confiscation, additional collection, 7,501,500 won) is too unreasonable.

Judgment

The Defendant consistently led to a consistent confession of this part of the facts charged from the police investigation stage to the court of the original trial, and only this part of the facts charged is disputed.

However, the defendant's confession and credibility can be recognized when examining the circumstances leading up to recognizing the crime in the court of original instance, etc. or the detailed statement thereof. There is sufficient evidence to reinforce the confession, such as the police officer and prosecutor's protocol of interrogation (including sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

However, even though C also appeared as a witness in the trial, and made a statement to the effect that it corresponds to the defendant's defense, in light of the fact that the circumstance that the defendant was present at the scene of the crime or the explanation on the source of philophone sold by the defendant on the day of the case is not natural, and that it is contradictory to the initial statement in the investigation process, C's new statement

Therefore, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable, and there is no error of mistake of facts as alleged by the

The fact that the defendant recognized most of the crimes and reflected in the judgment of unfair sentencing, that the health condition is not good, and that he cooperates with important matters in the investigation of narcotics crimes, etc. are favorable to the sentencing.

However, the fact that the defendant has been sentenced several times for the same crime, and that he again commits a crime during the period of repeated crime for the same crime, and that he has committed a crime not only a simple medication but also a crime of selling phiphones to other actively.

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