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(영문) 수원지방법원 2018.03.23 2017노8584
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

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

1,000,000 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not withdraw KRW 700,000 upon the request of D to lend money, and did not jointly purchase a penphone by delivering it as the drug price. Defendant 1 did not deliver marijuana to D.

2) The sentence of the lower court that is unfair in sentencing (an additional collection of KRW 1.8 months, one million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court on the Defendant’s assertion of misunderstanding of the facts, D’s statement that he/she purchased a penphone with the Defendant and received marijuana from the Defendant can be trusted.

Therefore, the judgment of the court below that recognized each of the crimes of this case is just, and there is no error of misconception of facts as alleged by the defendant.

This part of the defendant's assertion is without merit.

(1) The Gyeonggi-dong Police Station established the investigation of the instant case by specifying the Defendant and D in the process of analyzing the accounts used by the Plaintiff based on the facts constituting the crime of the purchaser of the instant phiphone.

B. At around 15:04 on April 16, 2017, D deposited KRW 1,00,000 from the national bank’s new point of active duty, to the account used by the above phiphone seller (Evidence No. 43 of the evidence record). According to the above bank CCTV filming, around 15:02 on the same day as the immediately preceding day, it is confirmed that the Defendant was carrying KRW 70,000 from the IBK bank’s account in the above bank to D who is going back by the withdrawal.

Referencely, the investigative agency stated that the defendant was issued a hemp by the defendant, including the 700,000 won that he received from the defendant on this day, and then, he purchased the opon and divided the opon and received it from the defendant.

The process of purchasing the Defendant’s philophones;

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