logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.14 2016노5233
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the issuance of philophones among the facts constituting the crime in the judgment of the court below, there is no fact that the defendant delivered philophones to E.

Nevertheless, the court below's judgment that found E's statement without credibility as evidence is erroneous in the misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (a year of imprisonment, a 600,000 won additional collection) is too unreasonable.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a witness’s statement in light of the aforementioned legal principles, unless there are extenuating circumstances to deem that the first instance court clearly erred in the determination on the credibility of a witness’s statement in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a witness’s statement in light of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of a witness’s statement in the first instance court solely on the ground that the first instance court’s determination on the credibility of the witness’s statement is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313)., the Defendant’s argument.

3. There are circumstances to consider the Defendant’s determination of the assertion of unfair sentencing, such as recognizing and reflecting the crime of phiphone medication.

arrow