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(영문) 광주지방법원 2018.03.21 2018노271
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of this part of the facts charged, although the Defendant did not sell a philophone to E with respect to the sale of philophones. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of facts is that the following circumstances acknowledged by comprehensively taking account of the adopted evidence, namely, ① the E’s statement is consistent and concrete with respect to the transaction of phiphonephones, the process of medication, the circumstances after the crime, etc., and that E makes a false statement even when he/she is punished for perjury.

In full view of the facts that it is difficult to see credibility, ② the details of telephone conversations between the Defendant and E at the time and place of this part of the facts charged are confirmed, ③ E is convicted of the crime of the above phiphone trading and the judgment became final, the Defendant can sufficiently recognize the fact that he sells phiphones to E.

The decision was determined.

2) Examining the records of the above deliberation in light of the records, we affirm and accept the above fact finding and judgment of the court below, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant generally repents his or her mistake with respect to the determination of the unfair argument of sentencing.

However, considering the fact that the nature of the crime of this case is not good, that the defendant committed the crime of this case again even though he had the previous convictions of several times including the previous convictions, and that he committed the crime of this case repeatedly, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., such as the defendant's age, sex and environment, motive, means and result after the crime, the court below's punishment is too unreasonable. Thus

3. Conclusion.

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