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(영문) 인천지방법원 2014.10.16 2014노2177
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the case of 2013 Highest 7347), although the Defendant was less than F at the time and place stated in the facts constituting the crime as stated in the judgment below, it was merely to return VD borrowed from F, and there was no fact that the Defendant provided F with philopon as stated in the judgment of the court below.

Rather, in the light of the majority opinion, F made a false assertion that the Defendant was informed of the fact that F was arrested on the following day after the Defendant met, and that F was provided with a philopon from the Defendant.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, namely, ① after arrest of the defendant from the investigation agency to the court of the court below, the F made a concrete and consistent statement on the process of obtaining the penphones from the defendant; ② In light of the F's monetary records at the time of the crime, F went through several calls from the defendant; F was arrested on the day following the arrest of the defendant; ③ Defendant also recognized the fact that F was sent to him at the time and place of the crime indicated in the judgment of the court below; ④ The Defendant stated that the F was merely purchasing the penphones from the F at the time of interrogation of the first prosecutor's office when he asked the second prosecutor's office; ⑤ Defendant's testimony to the effect that in light of the fact that the F did not have made a statement on the detailed circumstances after the passage of time, the witness's testimony falls short of credibility; ⑤ Defendant's testimony to the effect that the witness's testimony is the Defendant's witness.

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