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(영문) 창원지방법원 2020.07.23 2020노438
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the point of giving and receiving philophones among the guilty portion of the judgment of the court below) does not have any means to deliver or sell philophones to B, and the statement of B related thereto is not reliable. Nevertheless, the court below found Defendant 1 guilty of this part of the facts charged by reliance on B’s statement on the issuance and sale of philophones, and there is an error of misunderstanding of facts. 2) The sentence (one year and three months of imprisonment, confiscation, and collection) sentenced by the court below of unfair sentencing is too unreasonable.

B. Prosecutor 1 of the lower court found the Defendant not guilty of this part of the facts charged, on the ground that the Defendant purchased or sold philophones to B from September 2018, 2018, around November 27, 2018, and around December 2018. Nevertheless, the lower court determined that the part concerning the statement of B related to each of the above sale could not be reliable, and that the Defendant did not guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal principles on the facts charged. (2) In so determining, the lower court erred by misapprehending the legal principles on unfair sentencing (one year and three months of imprisonment, confiscation, and collection) that the sentence imposed by the lower court (ab

2. Determination

A. The lower court determined that, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, B’s receipt of phiphones on August 8, 2018 and the first half of August 12, 2018, and the details of the receipt and sale of phiphones on August 12, 2018, the details of which are consistent with the financial transaction; B’s statement conforms to the financial transaction details; B voluntarily stated the relevant criminal facts related to the Defendant in the course of an investigation into a crime related to phiphones; B’s statement was arrested into a crime related to phiphones and was convicted of the conviction and criminal punishment, the lower court found the Defendant guilty of this part of the facts charged.

Examining the above judgment of the court below in comparison with records, the court below erred by misapprehending the legal principles.

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