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(영문) 대전지방법원 2020.04.01 2019노3090
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by imprisonment with prison labor for a year and six months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, the lower court’s sentence (two years of imprisonment, confiscation, additional collection, and Defendant D: imprisonment with prison labor for one year and six months, and additional collection) is too unreasonable.

B. As to the facts charged that Defendant B 1’s mistake of facts in collusion with G and L arms on March 18, 2019 when the Defendant entered the above place, Defendant G and L had already administered phiphones at the time when the Defendant entered the above place, and therefore, Defendant guilty of this part of the facts charged despite the fact that the Defendant did not commit the above crime, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) In relation to the facts charged that: (a) misunderstanding of facts or misunderstanding of legal principles by Defendant E-1 on January 27, 2019, transferred KRW 2.60,000 won from G to the account of theO directed by G according to B’s request on January 27, 2019; and (b) in collusion with B by obtaining 0.5g of the penphone from G and giving it to B; (c) the Defendant merely attempted to purchase the penphone without the intention to purchase the penphone; (b) it is merely an aiding and abetting that it constitutes a crime of aiding and abetting, and thus, cannot be deemed as a crime of aiding and abetting, and thus, it is erroneous in the judgment of the court below that found the Defendant guilty of this part of the facts charged on a different premise, or by misapprehending legal principles, thereby affecting the conclusion of the judgment.

2) The lower court’s sentence of unreasonable sentencing (one year and ten months of imprisonment, confiscation, and collection are too unreasonable.

2. The following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined at the court below as to Defendant B’s assertion of mistake of facts, i.e., (i) the witness C in the trial court only taken a penphone in G and L respectively, and there was no fact that the Defendant provided a penphone to G and L.

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