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(영문) 대전지방법원 2019.01.09 2018노2602
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the misunderstanding of facts (as to the third crime in the original judgment), there was no fact that the Defendant intentionally administered the Metepopty (the 'copon') between January 8, 2016 and the 13th day of the same month.

The defendant stated in the investigative agency the criminal facts of E, which are narcotics merchant lines, and the defendant was aware of the fact of E, and the defendant was able to do so, and the defendant was found to have detected the merptist.

B. The defendant's counsel on the date of the first trial of the court below and stated that the defendant's defense counsel reached an appeal on the grounds of mistake of facts as to the crimes Nos. 1 and 2 in the decision of the court below on the grounds of unfair sentencing, but at the end of the statement of grounds for appeal, stated "the defendant will be ordered to be acquitted with regard to the crimes No. 3 in the decision of the court below, and even if the defendant's conviction is recognized, he will be sentenced to a minor sentence than the court below, and the defendant's defense counsel on the grounds of unfair sentencing as to the

The punishment of the lower court (crimes 1 and 2 in the original judgment: Imprisonment with prison labor for three months, and crimes 3 in the decision of the lower court: Imprisonment with prison labor for four months) is too unreasonable.

2. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of misunderstanding of facts (as to the third crime in the original judgment), the defendant intentionally administered psychotropic drugs, such as the facts charged in this part of the charges.

Therefore, the defendant's assertion of mistake is not accepted.

① On January 13, 2016, the Defendant was found in the drug reaction test conducted through a urine that was conducted by the Busan Probation Office on January 13, 2016, and following the detection of Metepha and ambamins in the close inspection by the National Science Investigation Agency.

In the case of medication of narcotics, the crime shall be conducted without witness in a remote space.

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