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(영문) 서울중앙지방법원 2013.12.26 2013노3163
마약류관리에관한법률위반(향정)
Text

The judgment below

The parts concerning Defendant C and D shall be reversed, respectively.

Defendant

C Imprisonment with prison labor for two years, and Defendant D.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant C’s misunderstanding of facts (2013 Godan1897) (1) as to Article 1(a) of the lower judgment’s judgment, whether Defendant D purchased a philopon from the mixed F, or the Defendant did not purchase it jointly with D.

(2) There is no fact that the defendant provided the defendant B with a philopon as to paragraph (4) of the judgment of the court below.

B. The sentencing of the lower court (Defendant B: Imprisonment with prison labor for a year and February, Defendant C: imprisonment for a year and two years, and Defendant D: imprisonment with prison labor for a year and six months) is too unreasonable.

2. In light of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts by Defendant C and the evidence duly admitted and investigated by the lower court, Defendant C is fully recognized as the fact that Defendant C purchased philops from F twice in collusion with Defendant D and provided Defendant B with philops free of charge.

Therefore, we cannot accept this part of Defendant C’s assertion.

A. The Defendant, at the prosecutor’s office, asked F, who was aware of the proposal, to seek phiphones, asked F to purchase approximately KRW 10,220,00,00 as stated in the judgment of the court below, and told D, who is the husband, to purchase approximately KRW 10,200,000,000 on the part of D with D, and 10,000,000 on the part of D, which was about KRW 2.2 million on the part of D with F. At the time, the husband offered 2,20,000 as laphones because of lack of import, and “No. 1-A-2,00,000 won on the part of her husband D’s vehicle and KRW 3.6,000,000 on the part of D’s 1-60,000,000 on the aggregate of KRW 1-6,500,000 on the part of D’s husband.”

(b).

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