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(영문) 창원지방법원 2016.04.28 2016노113
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

4,703,00 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was not aware of the fact that he provided a penphone to D on July 21, 2015 and August 6, 2015, the lower court convicted the Defendant of this part of the facts charged, there is an error of law by misunderstanding the fact and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, additional collection of KRW 4,703,00) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal of this case at the lower court, and the lower court rejected the above assertion by providing a detailed statement on the Defendant’s assertion and its decision under the title “judgment on the Defendant’s argument” in the judgment

Examining the evidence duly adopted and examined by the court below in light of the records, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as pointed out by the defendant, and the defendant's assertion is not accepted.

B. As to the unlawful assertion of sentencing, the crime of this case related to narcotics of this case provides D with a total of 230 c gramphones over two occasions, while the defendant administered phiphones seven times, provided for marijuana once, and the nature of the crime is not good in light of the quantity and frequency of phiphones provided, even if the crime is recognized, the fact of providing phiphones is denied, and the fact that the defendant committed the crime of this case without being aware of the fact that he was detained in the detention room of the police station of the country where he was detained due to the crime related to the narcotics of this case is disadvantageous to the defendant.

However, the facts of the remaining crimes except that of the provision of phiphonephones are led to confessions and reflects, D being provided with phiphones by the defendant is known from the time of the defendant and middle school, and the defendant uses phiphones for profit or in full scale.

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