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(영문) 대구지방법원 2018.05.04 2018노664
마약류관리에관한법률위반(향정)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not sell philophones to Defendant E (misunderstanding of facts). The punishment (one year of imprisonment with prison labor) imposed by the lower court is too unreasonable as it is so far as it is unfair (negative). B. The sentence imposed by the lower court by the Prosecutor is too unfluent and unfair (unfair sentencing). 2.

A. In light of the content of the first instance judgment on the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the first instance witness was clearly erroneous.

Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). The lower court examines E purchased a phone from the Defendant as a witness to examine and examine it as a witness to determine the credibility of a statement made by a witness of the first instance trial.

Based on the judgment of the court below, among the facts charged in the instant case, convicted of the part selling phiphones.

Even if the court below duly adopted and examined the evidence, it was clearly erroneous in its determination.

It does not seem that there are special circumstances or circumstances that can be seen as significantly unfair to maintain these judgments.

The defendant's assertion that the judgment below erred by mistake of facts is without merit.

B. Determination of the unfair argument of sentencing includes imprisonment with prison labor for a crime of violation of the Narcotics Control Act.

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