(영문) 대전지방법원 2016.03.31 2015노3291 | 리걸엔진

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(영문) 대전지방법원 2016.03.31 2015노3291

마약류관리에관한법률위반(향정)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to paragraphs 1 and 2 of the judgment below (misunderstanding of facts) as to Defendant 1’s misunderstanding of facts and misapprehension of legal principles, the court below held that the E’s statement related to paragraphs 1 and 2 of the facts charged is credibility.

Recognizing this part of the facts charged, the lower court found the Defendant guilty, but (1) the witness M was made a letter stating in the lower court’s court that “I informed the Defendant of the fact that I did not work against the Defendant.”

In light of the fact that R made a statement to the effect that another narcotics offender reported the Defendant to the Defendant for the administration of narcotics, and that there was no time for the Defendant to purchase and administer phiphones, and that there was no time for the Defendant to take account of the distance and time of movement, and the fact that E talks with the investigation agency at the time of meeting with the Defendant’s prison, it is difficult to believe that the statement of the lower court is erroneous in the misapprehension of fact.

B) As to Article 3 of the lower judgment’s holding, the lower court convicted the Defendant of this part of the facts charged on the basis of the result of appraisal that the Defendant’s response to the training of phiphones was caused by the Defendant’s urine, etc., but the part of the facts charged cannot be deemed to be specific facts that meet the requirements of Article 254(4) of the Act on Criminal Procedure, and thus

2) The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In full view of the following circumstances, the lower court’s determination is as follows: E- . related to the crime No. 1 and No. 2.

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