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(영문) 전주지방법원 2019.10.31 2019노980
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the acquittal portion, and the receipt portion of the Meptamin) by the Defendant, on December 25, 2014, recognized the admissibility of the police’s statement on the F, stating the statement that the Defendant received the Meptamine on or around December 25, 2014, and thus, the lower court acquitted the Defendant on the receipt of the Defendant’s Meptamine.

B. Defendant 1) misunderstanding of facts (the part of the crime, the part of the punishment, and the part of the punishment for Meteptop medication) is too heavy for the lower court to have convicted of the punishment of unfair sentencing (one year of imprisonment). The lower court’s conviction on the part of the punishment for Meptop medication is too heavy for the following reasons: (a) the Defendant merely dumping mee by mixing the Meptop acid with F by mixing the Meptopher; and (b) the Defendant did not have administered the Meptopher as stated in the facts charged.

2. Determination

A. On December 25, 2014, the summary of the facts charged is not a person handling narcotics, but the Defendant received and delivered psychotropic drugs from Category B (0.4g) from the D Building E, a residence of B located near Gwanak-gu, Seoul Special Metropolitan City, from around December 25, 2014. The lower court determined that the lower court acquitted the Defendant of this part of the facts charged on the following grounds on the premise of the legal doctrine as indicated in its reasoning.

① The Defendant admitted this part of the facts charged to the prosecution in the court of the court below, but the most important direct evidence concerning this part of the facts charged is the statement by the police against F.

② F was arrested at the Jeonbuk Provincial Police Agency on January 23, 2015, and was released under the condition that B and G sales of phiphones, Defendant’s purchase and medication are informed of the purchase and administration of phiphones, and cooperation in investigation was provided.

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