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(영문) 대전지방법원 2013.04.24 2013노145
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of this part of the facts charged in spite of the fact that the misunderstanding R misunderstanding of facts found the Meslopon (one philopon, hereinafter referred to as "philopon") at the defendant's bank and brought it unilaterally, and the defendant did not deliver the Mesopon to R.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection KRW 600,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① R was found from the Defendant’s door, was asked from the Defendant’s door, and was aware of why the Defendant had a penphone, ② R was aware that there was a penphone in his own door, ② the Defendant did not bring the penphone to the Defendant, ② the Defendant did not refrain from doing so, ③ the Defendant did not have any inevitable circumstance, ③ the Defendant was unable to find the cellphone immediately to R, ④ the Defendant had no choice but to have any choice but to have no choice but any choice but to permit the transfer of the cellphone, and ④ the latter part of R was recognized to have an intention to allow R to occupy the cellphone at least, and thus, the Defendant’s above assertion is without merit.

B. It is recognized that the Defendant’s assertion of unreasonable sentencing is based on the recognition of the Defendant’s replacement of the instant crime and reflects on it.

However, when considering the fact that the defendant committed each of the crimes of this case even though he had been punished nine times of imprisonment for the same crime, one medical treatment and custody, one time of suspended sentence, one time of fine, and twelve times in total, there is no doubt for the defendant to commit the crimes of this case. In particular, on December 9, 2010, the Suwon District Court sentenced the defendant to one year of imprisonment for the violation of the Act on the Control of Narcotics, etc. at the Suwon District Court on December 9, 201 and completed the execution of the sentence at the Jeonju prison on October 27, 201.

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