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(영문) 수원지방법원 2018.07.20 2018노2293
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the consistent statement by J, the lower court erred by misapprehending the facts and thereby finding the Defendant not guilty, even though it was recognized that the Defendant received approximately 1.44 g of philopon from J on August 22, 2016, separate from the part found guilty at the lower court, and received approximately 1.44 g of philopon from the J on August 22, 2016.

B. The lower court’s sentence against an unjust defendant (a prison term of eight won) is too unfluent and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged (the part of the judgment of the court below) received and accepted approximately 1.4g of philopon, which is a penlopic mental medicine, from the Defendant, on August 22, 2016, at his own residential area located in Namyang-si, Namyang-si, a deposit officer, and sent by J through a deposit officer. The Defendant received and delivered approximately 1.4g of philopon, which is a penlopic mental medicine, in the front light of the car for the car of 200D, which was hidden by J.

B. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant received phiphones from J as stated in this part of the facts charged, solely on the evidence submitted by the Prosecutor.

It is judged that there is a lack of recognition, and the defendant was acquitted on this part of the facts charged.

(1) Although the J’s statement was made as evidence corresponding to this part of the facts charged, the above J’s statement cannot be trusted in light of the following circumstances known by the above evidence.

1 With respect to the circumstances in which the investigative agency obtained 1.44 g of this part of the phiphonephones, the J first known the Defendant that he first purchased L from L and prepared it.

It is not consistent with the contents of the statement, such as the statement that the defendant was aware of, but the statement that the defendant was aware of.

(2) The J shall provide money and valuables, etc. to an investigator in charge in connection with the investigation of this case.

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