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(영문) 서울동부지방법원 2014.02.06 2013노1428
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The court below erred by misapprehending the legal principles that the facts charged in this case were specified without specifying its descriptions, which affected the conclusion of the judgment.

B. The Defendant, as indicated in the facts charged in the instant case, did not have administered a merptopon (hereinafter “copon”, hereinafter referred to as “copon”) as indicated in the facts charged, and even though G had a mercopon so that the Defendant had a mercopon, it was found that the Defendant had administered the mercopon, and that the lower court found the Defendant guilty of the facts charged in the instant case by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment.

C. The sentence imposed by the court below against the defendant without reflecting it, even though the defendant surrenders himself to the investigative agency, etc. (one year and four months of imprisonment and an additional collection of one hundred thousand won) is too unreasonable.

2. Determination

A. The defendant's defense counsel asserted that the facts charged were not specified in the misapprehension of legal principles among the grounds for appeal of this case, and the court below rejected the above assertion in detail in the "decision on the defense counsel's assertion" of Section 2-3 of the judgment below. In comparison with the records, the judgment of the court below is not erroneous in the misapprehension of legal principles. Thus, the above argument by the defendant is without merit.

B. The Defendant’s defense counsel at the lower court’s judgment on the assertion of mistake of facts did not administer a philopon with the same content as the Defendant alleged in the mistake of facts among the grounds for appeal of this case, but G puts the philopon into the Defendant’s blopon, and the Defendant, who did not know of this, did not intend to blopon the blopon with the d

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