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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.07.25 2013노2166
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not arrange the purchase of philophones as stated in the facts charged 2 and 3 of the lower judgment, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (one year and two months of imprisonment, and additional collection) is too unreasonable.

2. Determination

A. We examine the determination of the assertion of mistake of facts, and the term “mediation” means the act of mediating or assisting in the transaction of letters between a certain person and the other party regarding a certain matter.

Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the Health Team, the lower court, and the trial court, the lower court, and the lower court, and the following circumstances, the Defendant acknowledged the fact that: (a) even though he/she was well aware of the circumstance that C intended to purchase a phiphone on May 28, 2011 and around June 26, 201, he/she assisted C to purchase a phiphone by mediating the phiphone with a person with no personal knowledge; and (b) it is reasonable to view such act as constituting “constition of the purchase of

① Upon receiving a request from F to request a philophone from F in the court of the trial, C made a statement to the Defendant that the Defendant would have been able to be able to rescue the philophones due to drug criminal records, and that the Defendant was able to rescue the philophones and arranged the remainder of the philograms with the person in whose name the philograms were not able to be able to purchase the philophones.

C The above contents of the statement are consistent most with the statement made by the F in the investigative agency, and are persuasive in the explanation of the circumstances in which the F makes a request for the brokerage of philopon to the defendant, as a whole, reliable.

② C makes a statement at an investigative agency that the name and contact information of a person with no name or contact with him/her was entirely known, while the Defendant’s Handphone is called “H”.

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