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(영문) 부산지방법원 2018.02.21 2017노3543
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

seizure from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) 2017 Highest 3485 (C) was found to have caused the Defendant to commit a crime of philophone medication and possession through H by the investigative agency as to the misunderstanding of the fact.

This is illegal as it constitutes a naval investigation, and the above part of prosecution based on a naval investigation is null and void in violation of the provisions of the law.

B) The sentence of the lower court’s unfair sentencing (a year and six months of imprisonment, confiscation, and collection) is too heavy.

2) In the event that personal information is modified, the Defendant was not informed in advance of the fact that he had a duty to report the change.

Therefore, there was no intention to commit the second instance crime against the defendant.

B) The sentence of the lower court’s improper sentencing (2 months of imprisonment) is too heavy.

B. Prosecutor (the second judgment of the court below)’s punishment (two months of imprisonment) is too minor.

2. On the first instance judgment and second instance judgment, the prosecutor filed each appeal against the second instance judgment, and this court decided to jointly examine the above appeal cases.

Each crime of the first and second adjudication decisions against the accused shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

On the other hand, the defendant's assertion of mistake of facts is still subject to the judgment of this court despite the above reasons for reversal of authority.

3. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. On the first instance judgment, the Defendant asserted to the same effect as the Defendant alleged in this part of the lower judgment.

The lower court determined that the Defendant’s assertion was rejected in detail at the bottom of the crime, and that the crime of this case was not a crime due to an illegal undercover operation.

Whether H appears as a witness in the trial, and is bound by the philophone medication.

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