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(영문) 서울중앙지방법원 2016.04.07 2015노3842
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

27,282,200 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) On July 12, 2013, the Defendant did not sell F a 30g philopon to F on the said date.

On the same day, F only has sold philophones possessed by himself to M, which is irrelevant to the defendant.

(2) On December 10, 2013, the Defendant did not sell 0.3g of phiphones to H on the said date.

On the same day, F only has sold philophones possessed by itself to H, which is irrelevant to the defendant.

(3) On January 2014, the Defendant did not sell F with 80 g of philophones at a place on which the facts charged are recorded.

(4) On October 26, 2013, the Defendant did not sell 0.7g of philopon to L on the said date.

There is only the fact that the defendant visited L at the same time and borrowed 3 million won.

(5) On November 20, 2013, the Defendant did not deliver F with a penphone 0.1g at the above time.

B. The sentence of the lower court’s improper sentencing (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. (1) On July 12, 2013, F and M contain very factual and specific arguments: (a) the course and progress of the transaction that resulted in the said phiphone trading; (b) the dispute arising out of the fact that F does not immediately deliver phiphones to M; (c) the content set forth in the Defendant’s claim and the circumstances surrounding the Defendant’s contact to F; and (d) the Defendant and F, M’s monetary content and the location of the call and the location of the call; and (e) M’s account details (1st page 152 of the investigation record) are also consistent.

M at the time stated to the effect that “the Defendant is responsible for writingphones” (M on the same day was phoneed five times from 19:23 to 20:14). Accordingly, the purport of the purport is that “the Defendant has already transferred the goods to F,” and “I are too able to see or speak so far,” is that “The Defendant has already transferred the goods to F.”

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