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(영문) 대전지방법원 2018.08.23 2018노578
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

Daejeon District Public Prosecutor's Office that was seized in 2017.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles (as to the case of 2017 order 3769 case), the Defendant only invested in G, L, and N (hereinafter “G, etc.”)’s gold bullion trade business through AR, and is not a book for sale of Metepop, which is a local mental medicine (hereinafter “Mepopon”).

Therefore, the Defendant did not receive from N, but was also received from N.

Even if it is not recognized as a philophone, it is not true that it is attempted to purchase philophone from G, etc., and it was started to conduct the purchase.

shall not be deemed to exist.

B. The sentence of the lower court (a 15-year imprisonment, confiscation, collection) is too unreasonable.

2. Determination

A. 1) Determination of misapprehension of the legal principles on the assertion of facts and misapprehension of the legal principles 1) In determining the credibility of a victim's statement, etc. supporting the facts charged, the court shall assess the credibility of a witness's statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of a witness who is being sworn before and after being sworn in the presence of a judge, and the penance of a statement, and the fact that the witness's statement, including the victim, conforms to the facts charged, unless there is any other evidence that can be objectively deemed as not having credibility (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7425, Nov. 12, 2015).

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