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(영문) 전주지방법원 2014.11.14 2014노875
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below against the defendant and his defense counsel (ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty part) and each statement in E’s investigation agency and court of original instance, consistent with this part of the facts charged, are consistent and reliable, while it is difficult to believe that each statement by the Defendant and C has been reversed continuously, and it is inappropriate to reject the credibility of E’s statement solely on the ground that E’s statement does not match with the statement in the monetary content. Therefore, it is unreasonable to dismiss the credibility of E’s statement. Accordingly, the judgment of the court below which acquitted the Defendant, even though it should be convicted of this part of the facts charged, is erroneous in misunderstanding of facts, and is unreasonable.

2. Determination

A. The gist of this part of the facts charged is that “the defendant, around November 21, 2013, issued C with a 0.7 glopon contained in the one-time injection machine at the Gmophone room located in Guro-gu Seoul Metropolitan Government on November 4, 2013,” and the defendant, from the investigation agency to this court, had only met E at the Guro-gu Seoul Metropolitan Government on Nov. 4, 2013, but, at the same time, there was no fact that C had met with E, it was denied this part of the facts charged by asserting that “The defendant did not respond to the fact that there was no meopon" (hereinafter referred to as “the one-time Phopon”) with C, and that this part of the facts charged was presented at the investigation agency and the court of the lower court, which conforms to this part of the facts charged, but all of the following facts charged were denied, but all of the defendants were admitted to 131,14,130 each of the charges charged at the first instance.

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