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(영문) 광주지방법원 2014.06.25 2014노1308
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

The progress of the trial and the lower court found the Defendant guilty of all the charges of this case and sentenced the Defendant to two years and six months of imprisonment.

Accordingly, the Defendant appealed on the ground of mistake of facts and unreasonable sentencing, and the lower judgment was reversed, and the Defendant acquitted the Defendant on the ground that there was no proof of crime as to the violation of the Act on the Control of Narcotics, etc. (e.g., purchase of phiphones) among the facts charged in the instant case, and sentenced the remainder

The Prosecutor appealed, and the Supreme Court reversed the above decision to the effect that the portion pronounced not guilty is found guilty.

After the reversal and return, the Defendant maintained the previous argument on mistake of facts and unfair sentencing in this court.

Summary of Grounds for Appeal

In fact, the defendant did not request G to seek or purchase a merpopon (one philopon, one philopon, and hereinafter referred to as "philopon").

The lower court’s sentence of unfair sentencing (two years and six months of imprisonment, confiscation, and collection of 2.6 million won) is too unreasonable.

Judgment

In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below prior to the remanding of the case, G is more reliable than the statement made at the investigation agency prior to the remanding of the case. According to G’s statement at the investigation agency, the defendant can be recognized as having purchased phiphones from G as stated in this part of the facts charged, so this part of the defendant’s assertion is without merit.

G makes a statement in the court before remanding the case to the effect that the attorney’s inquiry was made on February 27, 2013 and March 27, 2013 to B, before remanding the case, that “I do not know that I would receive money from the Defendant,” and “the head does not know that I would receive money from the Defendant.”

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