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(영문) 의정부지방법원 2018.04.09 2018노84
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to paragraph 3 of the judgment of misunderstanding of facts or misapprehension of legal principles, the Defendant did not cause E to make luxa by giving 10 g x 10 g sphere, a local mental medicine, i.e., 1/2 g sphere, i.e., 5 g 1/2.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court (the penalty amounting to KRW 5,00,000, the penalty amount to KRW 536) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, i.e., D, at the prosecutor’s investigation conducted on January 6, 2017, the Defendant took medicine from himself and herself to E, and she blished to E and inhaled them.

In the prosecutorial investigation on April 5, 2017, there was no fact that there was no other person than the defendant except the defendant, and the defendant gave a weak notice to E on the part of the defendant.

The statement (Evidence No. 127, 129 pages), 2. E in the self police investigation on January 4, 2017, when the defendant received a drug from D, he/she inhaled it with the defendant, as he/she sawd with fashion disease, etc.

In the prosecutor's investigation on April 6, 2017, the defendant made a statement (the 56th page of evidence record), and the defendant inhaled cocons with the defendant by taking advantage of the drugs he received from the police officer on December 2, 2016 and around D on the 26th day of the same month, and taking advantage of the drugs through a fashion.

In full view of the facts stated (Evidence No. 141 pages), 3, the Defendant also made a statement from the prosecutor’s investigation on April 7, 2017 to E (Evidence No. 152 pages) and the fact that he received drugs from D around December 2016 (Evidence No. 152 pages) from the prosecutor’s investigation on April 7, 2017, the Defendant, as indicated in paragraph 3 of the judgment of the lower court, made the Defendant, as a result of giving E’s use of ethyl 10mg g1, 200, 1/2, 1/2, 5mg g 1/2, dib diba, to the Defendant during December 2016.

the judgment.

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