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(영문) 창원지방법원 2013.12.05 2013노1559
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant surrenderss himself, the punishment sentenced by the court below (one year of imprisonment and two hundred thousand won of collection) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and this court as to the Defendant’s assertion of self-denunciation, the Changwon District Court issued a warrant of arrest to the Defendant on July 20, 2012, stating that “The Defendant, around December 9, 2010, sold approximately KRW 0.31g of 40,000 to Emerpt (hereinafter “one philopon”)” to E, and the Defendant was arrested under the above warrant of arrest on August 25, 2012 and was investigated on August 26, 2012 by the Prosecutor’s Office; ② the Defendant was subject to the investigation by the Prosecutor’s request to appear at the Prosecutor’s Office on August 27, 2012; ② the Defendant was subject to the investigation by the Prosecutor’s request for appearance on August 27, 2012, and the Defendant was not subject to the investigation by the Prosecutor’s request for release of the Defendant’s voice after the search and seizure warrant of KRW 201.

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