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(영문) 수원지방법원 2017.04.28 2017노946
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

50,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon the request of Q in lieu of Q, who attempted to purchase a penphone, sent the penphone received from Q to Q in lieu of Q and received the purchase price, and sent it to Q in compliance with C’s request.

By giving, it is merely arranging the trade of phiphones between Q and C, and the defendant does not directly sell phiphones to C.

B. The lower court’s punishment (an additional collection of KRW 1 year and KRW 500,00) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts, even if the Defendant’s act does not trade philophones as alleged, but mediates the trade of philophones, it is pointed out that Article 60(1)2 of the Narcotics Control Act, which is the same legal provision as the act of philophones, applies to the act of arranging the trade of philophones, and that there is no difference in the statutory penalty.

Next, as to this part of the Defendant’s assertion, in the crime of violation of the Act on the Control of Narcotics, Etc., “Am-line” refers to mediating or facilitating the transaction between the parties who intend to sell and sell a local mental medicine. However, the following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant received KRW 500,000 from C, one of his mother-child D, and the Defendant directly sent the phone phone phone to C, ② the Defendant sent the phone phone to C, ② the investigative agency called “the Defendant would sell narcotics at the time of the Defendant’s living together in prison,” and the Defendant also stated to the effect that “The Defendant sent the phone phone to the Defendant, if necessary, at the time of release from prison C,” and ③ the Defendant made a statement to the effect that “Am-line contact was made between QT and QT.

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