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(영문) 대구고등법원 2013.12.12 2013노396
마약류관리에관한법률위반(향정)
Text

The judgment below

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

Defendant

B-A of its holding 2-A;

(b) the Commission;

(c) Crimes;

Reasons

1. Summary of grounds for appeal;

A. As to Defendant B (i) the crime of aiding and abetting the manufacture of philophones in accordance with the judgment of the court below against Defendant B, Defendant A’s statement, which corresponds to this part of the facts charged, is a false fact that Defendant B informed Defendant B of the fact and made a false statement unfavorable to Defendant B, and that Defendant B purchased philophones in the course of investigation and public trial. Defendant B’s statement was reversed several times in the course of investigation and public trial, and it is difficult to believe that the process of purchase is not consistent with the common sense. In light of the fact that Defendant B did not assist and abetting Defendant A’s act of aiding and abetting the manufacture of philophones by means, such as destroying philophones to Defendant A, although the court below did not err by misapprehending the fact that Defendant B was guilty of this part of the facts charged by using Defendant A’s statement as evidence, thereby affecting the conclusion of the judgment.

Dob. The punishment of the lower court on Defendant B (the penalty of one year and three months of imprisonment and the penalty of three months of imprisonment, and seven hundred thousand won of imprisonment) is too unreasonable.

B. The prosecutor (Defendant A) misjudgments the facts (on December 2012, the delivery of 0.03gopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopicopopopopopopopopopopopopicopopopopopicopopopopopicopopicopopicopopicopopicopopicopicopopicopicopopicopicopopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopics on more than one occasion, and Defendant A already made use by Defendant A’s request.

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