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(영문) 의정부지방법원 2015.10.27 2015노1884
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no "the fact that the Defendant administered philophones around 00:0 on March 3, 2014, the Defendant guilty of the facts charged on the basis of only D's statement without credibility, the lower court found the Defendant guilty of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The facts charged in the judgment of the court below concerning the dismissal of prosecution in the part of the judgment of the court below on the misapprehension of legal principles (legal scenarios and unreasonable sentencing) are based on the fact that the defendant collected more than 100 discounts from the defendant's hair and conducted an examination, and that the defendant was at least 1 cm in one month in one month, and the defendant excluded the period that was in China and specified the medication period as stated in this part of the facts charged. Since this part of the facts charged was specified to the extent that the defendant did not interfere with the defendant's right of defense, the court below dismissed the prosecution as to this part of the facts charged, which is erroneous in the misapprehension of legal principles. 2. The judgment of the court below is erroneous in the misapprehension of legal principles as to this part of the facts charged.

2. Judgment on the defendant's assertion of mistake of facts

A. The following facts, which can be recognized by the evidence duly adopted and examined by the court below, are consistent from the investigation agency to the court of the court below, i.e., (i) the defendant administered phiphones using a one-time injection device from the chief on March 2014 to the court of the court below. At the time, the defendant made a statement to the effect that he was administered phiphones as above before he was released from the vehicle. The defendant made a statement to the effect that "the phiphones were administered with the defendant," (ii) the statement was specific and reliable, and (iii) the statement was made by a false personal appraisal with the defendant." However, D thereafter was submitted at the prosecutor's office and the court of the court of the court below.

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