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(영문) 전주지방법원 2019.06.05 2019노415
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not provide D with 0.31g philophones without compensation, and there is no fact that he administered philophones from the Republic of the Philippines State.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two hundred and seventy thousand won of collection) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1) When considering the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous or, in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is considerably unreasonable in full view of the results of the first instance court’s examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s determination on the credibility of the statement made by the witness of the first instance court on the ground that the first instance court’s determination on the credibility of the statement differs from the appellate court’s determination (see Supreme Court Decision 2011Do5313, Jun. 14, 2012). 201).

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