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(영문) 수원지방법원 2020.05.22 2020노1166
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year and two months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (as to the acquittal portion of the judgment of the lower court), according to the statement, etc. at the investigation agency with G and I’s credibility, the Defendant may recognize the fact that he sold phiphones to G twice as stated in this part of the facts charged. However, the lower court erred by misapprehending the lower court’s determination as to the credibility of evidence, thereby making the Defendant not guilty of this part of the facts charged. 2) The lower court’s sentence on the Defendant of unfair sentencing

2. Judgment on the prosecutor's assertion of mistake of facts

A. A. Around March 31, 2016, the Defendant: (a) received 600,000 won in cash from the guest room in Sungnam-si, Sungnam-si; and (b) sold approximately 0.6g of philophones contained in the single-use injection machine to G around April 16, 2016; and (c) sold approximately 0.3g of philophones contained in the name of the Defendant to G located in the same place as indicated in the foregoing paragraph (i) after receiving transfer of KRW 2.50,00 to the Hbank account in the name of the Defendant; and (b) sold approximately 0.3g of philops contained in the single-use injection machine to G. The lower court determined that the evidence submitted by the Prosecutor was insufficient to acknowledge that the Defendant sold philops to G as stated in the facts charged; and (d) that the Defendant made a statement to the effect that he was not guilty of G as evidence of this part of the facts charged.

After all, G medical services.

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