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(영문) 광주지방법원 2017.09.26 2017노2313
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. In relation to the charge of aiding and abetting perjury, the court below erred by misapprehending the facts in the judgment of the court below which acquitted the defendant, even though it could be found guilty of this part of the facts charged according to the defendant's confession statement at the court below and C's statement at investigation agency.

2) The sentence of the lower court is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The judgment of the court below is based on the evidence duly adopted and examined, and the following circumstances, i.e., C’s prosecutor’s statement was made to the defendant as a letter C, stating to the investigation agency that he/she purchased a phiphone from D.

The premise that “A person was informed of the fact” is premised on the premise that there is no circumstance to acknowledge such premise. ② The Defendant sent C a letter to “D which was not yet arrested at the time of the commission of the Defendant,” and ③ the Defendant was difficult to know whether D had yet to be prosecuted and D had not denied his suspicion. On the other hand, it is difficult to deem C to recognize the fact of the relevant suspicion and request C to have been present at the court to reduce it. ④ At the request of the Defendant, C sent the Defendant a letter to accept it.

However, in light of the fact that C and the defendant's letter letter orders are not acknowledged according to the above facts, and that C reverses the contents of the prosecutor's statement in the court below, it is difficult to believe C's prosecutor's statement that seems to fit this part of the facts charged, and it is difficult to recognize its credibility in light of all the circumstances.

The evidence submitted by the prosecutor alone is as D in the same manner as written in the facts charged by the defendant at the time stated in the facts charged.

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