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(영문) 인천지방법원 2013.08.29 2013노1942
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B Imprisonment with prison labor for the crime set forth in Section 2(a) and (b) of the holding.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s crime No. 1-A as indicated in the judgment of the court below or misunderstanding of legal principles, Defendant A purchased phiphones jointly with Defendant B, but found Defendant A guilty of this part of the facts charged as it is. The court below erred by misapprehending the facts or misapprehending the legal principles, thereby affecting the conclusion of the judgment. 2) The sentence imposed by the court below on Defendant A (one year and two months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court against Defendant B (ten months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to Defendant A’s allegation of mistake or misapprehension of legal principles, Defendant A, who stated that Defendant A had arranged to trade phiphones between F and Defendant B, such as the entry of No. 1-A of the instant facts charged, from an investigative agency, to the court below, and that Defendant B had purchased phiphones from Defendant A through Defendant A at first 20:00 on January 2013, 2013, and made a statement corresponding to this part of the facts charged, Defendant A sufficiently convicted Defendant A of this part of the facts charged. Accordingly, Defendant A committed a crime of unfair sentencing as to the assertion of unfair sentencing, even though Defendant A had been punished for several times of a crime of the same kind, Defendant A again committed the crime of this case, including the record of this case and the record of this case, and the statement corresponding to this part of the facts charged.

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