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(영문) 의정부지방법원 2018.10.30 2018노1937
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants (Defendant A: imprisonment of one year and six months, confiscation, 400,000 won additional collection, Defendant B’s imprisonment of one year and two months, confiscation, and one million won additional collection) is too unreasonable.

B. According to the purport of the Supreme Court precedents and misunderstanding of facts and misunderstanding of legal principles (non-indicted 1 with respect to Defendant B), the standard of determining whether the act of receiving and carrying after the receipt constitutes an ex post facto act is whether the act of receiving and carrying after the receipt constitutes an independent possession separate from the act of receiving and receiving under social norms, not the time and location close to the act of receiving and holding after the receipt.

In the case of this case, the defendant's act of receiving and delivering two plastic gramphones containing A and two plastic gramphones, and then administering the remaining gramphones with the intention to mephones back or deliver them to another person at the customer at the container, using the medication tool, and then inserting two plastic rophones into the Defendant's external rophones, and carrying them. The defendant's act of receiving and receiving the rophones and receiving part of the rophones, which was controlled by the investigation agency, cannot be deemed as an act of receiving and receiving the rophones, and the defendant's act of receiving and receiving the rophones does not constitute an act of receiving and receiving the rophones in an indivisible relationship as it does not constitute an act of receiving and receiving the rophones as a result of a simple act of keeping the rophones as it is, since the defendant's act of receiving and receiving them cannot be deemed as an act of receiving and receiving the rophones.

Nevertheless, the judgment of the court below which acquitted this part.

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