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(영문) 수원지방법원 2017.01.13 2016노5154
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts) did not purchase a philopon from E or provide H with a philopon, as stated in the facts constituting the crime of the lower judgment.

Nevertheless, the court below erred by misunderstanding the facts of finding guilty only with the testimony of the court below of the E without credibility and the prosecutor's statement of H.

B. The prosecutor (unfair sentencing)’s sentence of the lower court (one year and two months of imprisonment) is too unhued and unreasonable.

2. Determination

A. The Defendant asserted to the same effect as the lower court’s judgment on the Defendant’s assertion of mistake of facts.

The court below ruled that the defendant's assertion was rejected on the grounds of detailed reasons in the part of "the judgment on the defendant's and defense counsel."

In light of the evidence, a thorough examination of these judgments by the court below is acceptable, and there is no error of law by misunderstanding the facts alleged by the defendant in the judgment below.

B. In full view of the following circumstances: (a) the Defendant did not reflect his/her fault; (b) the period of repeated crime and the fact that the Defendant was a crime during the same suspended execution period; (c) the Defendant’s age, sex behavior, power, motive for the crime; (d) details of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too uneasible.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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