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(영문) 울산지방법원 2013.07.05 2013노229
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a provision of 0.15 g of philophones to C as stated in the judgment of the court below, the court below found the Defendant guilty of this part of the facts charged on the ground of C’s statement at the prosecutor’s office, etc. which is not admissible or suspected of credibility, because it is difficult to view it as being made in a particularly reliable state, and thus, it is erroneous in the judgment of the court below

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to Article 314 of the Criminal Procedure Act regarding the assertion of mistake of facts, in order to use the protocol under Article 312 of the same Act or the documents stipulated in Article 313 of the same Act as evidence, the first person who needs to make a statement should be unable to make a statement at a preparatory hearing or on the trial date due to death, illness, residence in a foreign country, or any other reason; second, the preparation of the statement or documents must be made under particularly reliable circumstances; second, the term “when made under particularly reliable circumstances” refers to cases where there is little room for false entry in the contents of the statement or the preparation of the protocol or documents; and there is a specific and external circumstance to ensure the credibility or voluntariness of the statement; second, the court below and the trial court acknowledged the evidence duly adopted and examined by the investigation agency; second, C divided the statement from 22:30 pononon on February 2, 201 to 30 pononon 10g of the following day after being administered by the defendant from 200 pon 30.m.

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