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(영문) 서울중앙지방법원 2017.03.30 2016노3770
마약류관리에관한법률위반(향정)
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) Defendant A misunderstanding the facts

(a)bed;

There is no fact that he provides G with a philophone, such as the entry in the paragraph.

2) The sentence of the lower court (as indicated in its holding, 6 months of imprisonment for the crime, 1-C, 450,00 won for the crime, 1-3, 1-4, 1-450,00 won of imprisonment for the crime, 1-5 months of imprisonment for the crime, 2-2, 3-2,

B. The lower court’s sentence against the Defendants (Defendant B: Imprisonment with prison labor for six months, suspension of execution for two years, and additional collection charges for one hundred thousand won) is too uneased and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and each evidence duly admitted and investigated by the first instance court as to the Defendant A’s assertion of mistake of facts, the facts constituting the crime of Defendant A’s judgment

(a)bee;

(d) fully recognize the fact that a philophone has been provided to G, such as the description.

Therefore, we cannot accept this part of Defendant A’s assertion.

1) Article 1 of the Criminal Procedure Act (amended by Act No. 1054, Apr. 1, 2006) provides that “A person who has reported to an investigative agency shall

(a)bed;

was provided with philophones as described in the subsection.

When making a statement, it is reliable in the statement because it specifically states the circumstances that Defendant A became aware of, the process of purchasing phiphones from Defendant A, and the method of paying phiphones.

2) On the other hand, Defendant A sold a house in China for the receipt of a vehicle from G around December 2014, and owned part of the purchase price. Defendant A paid in cash to B and B with money in China while purchasing a vehicle from G.

First of all, since the real estate transaction agreement (No. 1, No. 2) submitted by Defendant A was drafted on July 6, 201, it appears that he/she received the purchase-price. The payment of the vehicle price was made on December 2, 2014, the amount of which was 3 years and 5 months past.

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