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(영문) 창원지방법원 2014.10.16 2014노608
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the absence of the fact that the defendant administered a Mestopule (one philopon; hereinafter referred to as "philopon"), as stated in the judgment of the court below, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below comprehensively adopted and examined the evidence as follows: ① The Catho (MET) test conducted by the Defendant on January 8, 2013 and the appraisal conducted by the National Catho Institute of Scientific and Investigative Research on the hair collected on January 10, 2013 (the length 5 to 6c meters) and the result of the appraisal conducted by the National Catho Institute of Scientific Investigation on the 1stm length test of the Maul (the length 5 to 6c meters) taken place on January 10, 2013, there was a response to the training of philopon ingredients in whole except for 4 to 5 cm hairs, ② the Defendant was hospitalized at the time when he was hospitalized at the Natho Shipping Hospital, and there was a response to the training of philopon ingredients due to drugs prescribed for treatment. However, the Defendant’s assertion that there was no objective evidence to deem the Defendant to have taken such drugs as at the time, and there was no objective evidence to acknowledge the Defendant’s prescription as above.

(b).

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