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(영문) 대구지방법원 2020.12.11 2020노1754
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, on March 5, 2020, did not purchase tampers (hereinafter “copon”) from L on March 5, 2020, and did not have administered copon as shown in attached Tables 1, 6, and 7.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the first instance court on the assertion of mistake of facts, the fact that the Defendant purchased L from Mar. 5, 2020 and administered philopon as shown in the facts charged is sufficiently recognized as having been administered as shown in attached Table 1 No. 6 and No. 7.

① The Defendant led to confession of all the facts charged in the lower court’s court.

The defendant also recognized that he purchased phiphones from L jointly with the co-defendant B of the court below.

In addition, in light of the fact that the defendant appointed a defense counsel and received assistance from the court below, and that there are various circumstances supporting the confession of the defendant as seen below, it is difficult to view that the confession statement of the defendant in the court below is a false confession in order to get the defendant in advance.

② On March 4, 2020, 2020, B testified KRW 2.5 million to the Defendant, if the Defendant had decided to purchase philopon from L by the investigative agency, and the Defendant sent KRW 2.5 million to the Defendant. On the following day, the Defendant stated that the Defendant received the instant postal item containing philopon with the P points, and the lower court also led to the confession of this part of the facts charged.

Defendant

In addition, the investigation agency asked L to request L to receive writingphones, cause B to remit 2,50,000 won of writingphones, and then received the delivery of L.

Around this time, the Defendant and L.C.

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