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(영문) 서울고등법원 2020.05.08 2019노2370
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The F’s statement on the quantity and amount related to the sale of marijuana as stated in paragraph (3) of the facts charged in the instant case of mistake of facts is consistent, specific, and reinforced by multiple indirect facts, and thus, the F’s statement is reliable.

Nevertheless, the judgment of the court below which acquitted the defendant of this part of the facts charged on the ground that there is no credibility only when the defendant's argument is inconsistent with the F's statement.

B. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, etc.) is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that the F’s statement is difficult to believe as it is or is insufficient to acknowledge this part of the facts charged only by its statement, and there is no other evidence to prove this part of the facts charged. 2) In full view of the following circumstances acknowledged by the lower court’s duly admitted and the evidence duly admitted and investigated by the lower court and the lower court, it cannot be deemed that this part of the facts charged was proven to the extent that there is no reasonable doubt, and therefore, the lower court was just to have acquitted the Defendant of this part of the facts charged, and there is no error of mistake of facts as alleged by the Prosecutor

This part of the prosecutor's argument is without merit.

① The Defendant received 50ml 3 ml of liquid marijuana from C (B) at the police station. The Defendant added these in a lump sum to the backer, e.g., 30ml x 5ml x 5ml, and added propyl x 50ml of 50ml x 250ml of 50ml. At once, I sell 50ml of 50ml and receive 110,000 won.” (Evidence No. 197 of the Record) The Defendant’s statement is specific and these statements thereafter.

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