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(영문) 서울서부지방법원 2019.03.28 2018노1389
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is not that the Defendant administered philophones with C, as described in the facts charged.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. The Defendant, at the lower court’s judgment, argued the same as the reasons for appeal, and the lower court found the Defendant guilty by recognizing the fact that the Defendant administered the Mestopy (hereinafter “Mestophone”) as indicated in the facts charged in the instant case by using a witness C’s legal statement and a narcotics appraisal statement.

The following circumstances acknowledged by the court below, namely, the first investigation into the defendant, which was commenced by the statement of the investigation agency of the investigation agency of the case, i.e., the defendant, who had been present at the investigation agency and the court of the court below, consistently stated that the defendant administered phiphones as stated in the facts charged of this case, and there are no special circumstances to deny the credibility of the above statement. ② The defendant's method of medication based on the facts charged of this case is the method of inhaleing phiphones using inhalers, and C uses phiphones. The defendant specifically stated this part. ③ In particular, on October 22, 2015, the defendant was found guilty of the violation of the Act on the Control of Narcotics, etc. (flaphones). However, the defendant stated that the method of administration of phiphones is the same as the method of administration of phiphones as stated in the facts charged of this case, and C made a statement that phiphones was administered differently from the defendant's method of administration of phiphones.

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