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(영문) 대구지방법원 2014.09.05 2014노2089
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

2,070,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the facts constituting a crime of misunderstanding the facts as indicated in the judgment of the court below, the Defendant only assisted the purchase and sale of phiphones by receiving philophones from D and then transferring c and F to C and F with the request of C and F, and not directly sold philophones to C and F.

Nevertheless, the court below found guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, additional collection) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts cannot be concluded that the probative value or credibility of a confession is doubtful solely on the grounds that the confession in the investigative agency or the court of original instance differs from the statement in the appellate court. In determining the credibility of a confession, determination of the credibility of a confession should be made by taking into account (i) whether the contents of the confession’s statement are objectively rational, (ii) the motive or reason behind the confession, (iii) what is the motive or reason behind the confession, and (iv) whether the confession does not conflict with or conflict with the confession among other evidence (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). Meanwhile, if the confession of the defendant did not have any reason prescribed in Article 309 of the Criminal Procedure Act in the confession, and there is no situation where a reasonable doubt is raised among the motive and process of making the confession make a confession, it is not a case where the seller sells a phone to the effect that “the purchaser sells the confession” as a “s”.

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