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(영문) 의정부지방법원 2020.08.14 2019노2440
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

B. Prosecutor 1) According to the misunderstanding of facts (not guilty part) video of oral CCTV, a white bag containing a philopon has been discovered in the vicinity of the Defendant seated, and the items presumed to be a white bag on the Defendant’s wave fluor are seen to be a white bag, and the Defendant visited the above alcohol house to find a white bag lost following the following day, and H and D stated in the police investigation that “the Defendant was deemed to have lost a philopon containing a philopon,” and the Defendant was punished four times in the course of the police investigation, taking into account the fact that the Defendant had a philopon, administered, sold, and sold the philopon, the possessor of the white bag containing a philopon is obviously obvious. Nevertheless, the lower court erred by misapprehending the fact that the Defendant was not guilty of the facts charged in this case and thereby adversely affecting the judgment.

2. The court below's decision on the prosecutor's assertion of mistake of facts is based on the following title "2. Judgment of the court below", and it is difficult to conclude that the envelope that the defendant sought to find was containing a philopon because H and D's statement, which corresponds to this part of the facts charged, is a protocol stating a specialized statement that corresponds to this part of the defendant's statement, and H refused to attend the witness summons of the court below; D denies its contents in the court below; D's credibility is very low because it denies its contents; and I made a statement corresponding thereto; and I made a statement on the following day, it cannot be concluded that the envelope that the defendant had a philopon, and even CCTV image, it cannot be ruled out that the envelope that the defendant had a philopon, without confirming whether the defendant had a philopon or had a philopon, and it cannot be ruled out that the envelope containing the Defendant's philopon cannot fall.

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