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(영문) 대구지방법원 2015.02.13 2014노4590
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are merely arranging the sale of philophones, not directly selling philophones to B.

Nevertheless, the court below convicted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles can not be said to be doubtful of the probative value or credibility of a confession solely on the grounds that the confession in the investigation agency or court of the court below differs from the legal statement in the appellate court. In determining the credibility of a confession, the determination of the credibility of a confession should be made by taking into account (i) whether the contents of the confession’s statement are objectively rational, (ii) the motive or reason behind the confession, (iii) what is the motive or reason behind the confession, and (iv) whether the confession does not conflict with or conflict with the confession among other evidence than the confession (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). Meanwhile, if the confession of the defendant did not have any reason prescribed in Article 309 of the Criminal Procedure Act, and there is no reasonable doubt among the motive and process of making the confession made, it is an important evidence that the purchaser sold the confession to the effect that it entails evidence supporting the seller, etc., and (iv is merely an “as the seller’s sales.”.

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