(영문) 의정부지방법원 2018.02.06 2017노2633

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(영문) 의정부지방법원 2018.02.06 2017노2633

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. As to the violation of the Act on the Control of Narcotics, etc. from Sale of Handphones (misunderstanding of the facts), the Defendant did not sell to E a injection machine with approximately 0.7g of Handphones on February 10, 2016, one of the injection machine with approximately 2.30,000 won, and the lower court found the Defendant guilty of this part of the facts charged, and erred by misapprehending the fact that the judgment affected the conclusion of the judgment.

2. The Defendant also asserted the same purport as the grounds for appeal in the lower judgment.

The lower court sentenced on February 7, 2017, the Defendant was sentenced to six months to six months, and the judgment was finalized on May 18, 2017, on the following grounds: (a) E consistently made statements from an investigative agency to the court of the lower court, which correspond to this part of the facts charged; and (b) E was convicted of all of the facts constituting a crime involving the purchase of phiphones from the Defendant; and (c) E was convicted of a violation of the Act on the Control of Narcotics, Etc. due to the purchase of phiphones at the Seoul East District Court’s Seoul East District Court.

On February 10, 2016, the Defendant also found the Defendant guilty of this part of the facts charged by taking into account the following facts: (a) the fact that the Defendant met E in the vicinity of the above telecom; and (b) the motive or reason why E falsely identified the Defendant is difficult to find.

(c)

In light of the following circumstances revealed through evidence duly adopted and examined by the lower court and the lower court’s judgment, it is recognized that the Defendant sold phiphones to E on February 10, 2016.

① On February 10, 2016, E appeared as a witness in the court of the trial, and made a statement to the effect that he/she purchased phiphones from the Defendant on February 10, 2016. The statements on the circumstances, etc. of purchasing phiphones are consistent with the statements in investigation agencies and the court of the original instance, and are credibility.

(2) The defendant was confined to E in a governmental prison.

N introduces E to the defendant.

참조조문

-마약류 관리에 관한 법률

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