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(영문) 대전지방법원 2019.06.13 2019노724
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of misunderstanding of facts and the crime of 201 Godan1201 as indicated in the judgment of the court below (the attempted to sell and purchase phiphones), the Defendant asserts that such crime is an offense caused by the Defendant’s criminal intent by illegal naval investigation (the defense counsel’s opinion on May 2, 2019). However, the above assertion does not constitute legitimate grounds for appeal as it was asserted after the lapse of the period for submitting the statement of grounds of appeal, and there is no evidence to support that the investigative agency, even if ex officio, had caused the Defendant’s criminal intent by using the following deceptive methods or schemes: (a) specifically presenting the method of crime to H on the record and providing money to be used for committing the crime. As to the crime of 201 Godan1201 as indicated in the judgment of the court below (the attempted to sell and purchase phiphones), the Defendant is an injection (hereinafter “instant injection”).

(2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable, instead of delivering a son, by deceiving him or her and by deceiving him or her to take money, and the Defendant did not commit an act of selling and buying phiphones.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles asserts that the lower court’s judgment that did not confiscate No. 5 of the No. 5 of the evidence was erroneous on the grounds of appeal and the date of the first instance trial of the party. This is deemed to have been erroneous or misunderstanding of legal principles as to the confiscation under No. 5 of the evidence No. 5. 5 (Carrying phone). 2) The lower court’s sentence of unfair sentencing

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the Defendant’s assertion of mistake of facts; ① around December 18:30, 2012, H obtained the shopping bags containing the instant injection devices from the Defendant from the Defendant and voluntarily submitted them to the investigation agency at around 18:40 on the same day; ② the Defendant’s DNA at the instant injection devices.

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