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(영문) 수원지방법원 2019.01.18 2018노6084
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Four injections (Evidence Nos. 1 through 4) that have been seized.

Reasons

1. Summary of grounds for appeal;

A. The defendant is guilty of facts as stated in the judgment of the court below.

It is not the sale of phiphones to C in relation to the crime of this subsection, but the purchase of phiphones from M jointly with C.

Therefore, the judgment of the court below which pronounced guilty on a different premise is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, ① the defendant from the police to the court of the original trial, and consistently set forth in the first decision of the court below.

Recognizing the fact that C sells the above phiphone to C as stated in the crime of this paragraph, the same argument as the reasons for appeal does not exist, ② F arrested as the supplier of phiphones was designated as C, and C, at the investigative agency, specifically stated that the Defendant purchased phiphones from the Defendant at the time, time, and place indicated in the crime of this case when he re-designated the Defendant as its main phiphone supply book, ③ the Defendant was arrested on the site by holding phiphones by inducement C, ④ the Defendant’s information about Ma related to the crime of this case is inconsistent with the above crime. In full view of the above facts, the Defendant recognized the fact that C sells phiphones to C as stated in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

B. In the case of narcotics-related crimes on the assertion of unfair sentencing, it is necessary to strictly punish not only a person’s body and mind due to their cryptism, toxicity, etc. but also a risk of undermining the health and social safety of the people.

The Defendant provided C with the sale of philophones, etc.

The defendant is a repeated offender of the same kind.

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