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(영문) 수원지방법원 2018.01.26 2017노7860
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to the sale of philophones), the Defendant only delivered the money received from C to L by the seller of philophones as is and delivered the philophones received from L to C, and there was no benefit for the Defendant in the process. Therefore, this part of the Defendant’s act is merely an arrangement for the sale of philophones or a joint purchase of philophones between L and C, and does not constitute the sale of philophones.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment, confiscation of seized articles, collection of KRW 353,00) is too unreasonable.

2. Determination:

A. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, the lower court sufficiently recognizes the fact that the Defendant does not arrange for the trade of phiphones between C and L, or jointly purchase of phiphones with L, but sold phiphones to C. Even if the Defendant did not have any profit in the course of selling phiphones to C, it cannot be viewed otherwise.

The above assertion by the defendant is without merit.

① Reviewing the respective statements of C and the Defendant, C appears to have been aware that the Defendant was aware that the Defendant had purchased phiphones from the Defendant, and that the Defendant was aware that the Defendant had mediated the phiphones trading between C and L, or that the Defendant jointly purchased phiphones from L.

There is no circumstance to see.

② The Defendant, in the police, purchased KRW 150,00,000 and KRW 150,000,000,000,000,000 from T Station, 150,000,000,000, and 300,000,000,000, in contact L with L by asking for Madonphone, and Madon C purchased from “Gurher”, and instead, took part in the injection machine less than half.

“For the purpose of “”, the Prosecutor’s Office provides “C 150,000 won following the date of remittance of the C 1.50,000 won and 300,000 won at the present calendar.

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