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(영문) 수원지방법원 2020.12.10 2020노2562
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in the instant case, did not administer philophones with C and B, or have not injected philophones with his hand.

C and B, through investigation cooperation, gather the defendant for the purpose of being sentenced to reduction of punishment and are inconsistent with each other's statements, so there is no credibility of the statement.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so doing, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five months of imprisonment and two years of suspended execution, community service, and eight hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that ① the primary statement (in the case of B, including the contents of the statement at the prosecutor’s office) at the court of the lower court on the condition or circumstances before and after the injection of phiphones and C is specific and consistent and consistent, ② the Defendant moved to a place near the D Station (D basin), which was held together, and divided conversations, and returned to the Defendant only if he was not for the purpose of administration of phiphones, but it appears that the Defendant did not have any reason to see that he was able to take a phiphones only when he was able to administer phiphones, and that he was able to directly use an apparatus when he administered phiphones with the Defendant at the investigation stage of B, G, one-person and D Station, and that he was 10 minutes or more at the same time, and the Defendant was able to see whether the Defendant was able to take a phiphones with the Defendant at the examination stage of B, C and C, and then, C were 1 to be 20 minutes or less.

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