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(영문) 부산지방법원 2018.04.26 2018노431
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have administered philophones by itself, and from the result of appraisal of philophones, the response to the training of philophones is because C, one of its own subject, d's after-hand d', has caused the Defendant to d's philophones in the marina, and the Defendant d's d's d's d's d'

Nevertheless, the judgment of the court below which found the defendant guilty of administering philophones in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the Defendant had been punished eight times as a drug crime in the past, and the seven times of which the Defendant had all been punished as a drug crime; ② although the Defendant voluntarily surrenders himself, the Defendant voluntarily surrenders himself to the country while showing symptoms of philophone medication at the time of self-denunciation; ③ the Defendant voluntarily surrenders himself to the country in the last two times of crimes; ③ the Defendant asserted that he had no symptoms of philophone medication when the Defendant delivered the philophone; ③ the Defendant had no symptoms of philophone medication.

(4) In full view of the following facts: (a) in a case where a person had a person administer a phiphone, the Defendant reported such fact to an investigative agency; (b) there was no information about the Defendant’s administration of a phiphone despite the lapse of three days from the time when the Defendant administered the phiphone; and (c) no other circumstance is found to doubt that C and D had the Defendant administer a phiphone, it can be sufficiently recognized that the Defendant had administered a phiphone as in the facts charged in the instant case.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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