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(영문) 수원지방법원 2017.04.14 2016노9046
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

816,00 won shall be collected from the defendant.

Reasons

1. Reasons for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the law (as to the 2016 order order 1683), the Defendant did not shotphones or marijuana to I and J on June 16, 2014, or administered phiphones or marijuana.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined at the lower court’s judgment as to the provision and administration of phiphones: (i) I and J made a relatively specific and consistent statement in the investigative agency and the court on June 16, 2014 in the following circumstances: (ii) I and J received the phiphones from the Defendant on June 16, 2014; (iii) the Defendant’s source of phiphonephones from the Defendant; and (iv) the process of taking over the phiphones from the Defendant; (iv) although the partial statement of I and J is unclear at the court of the lower court, it shall be considered that the testimony at the court of the lower court was more than two years after the date of the instant investigation at the police station around October 7, 2014; and (v) even if there was a voice reaction of phiphones at the time of the investigation at the police station around October 7, 2014, the lower court convicted the Defendant of each me’s credibility in light of the following facts.

Since it is reasonable to judge that this part of the facts charged is guilty, this part of the defendant's argument is without merit.

B. On June 16, 2014, at around 17:30 on June 16, 2014, the Defendant received, without compensation, marijuana from I and J, in the Defendant’s residence located in Suwon-si H, 205 Dong 1503, the amount of the hemp which was sealed in tobacco paper.

2) In full view of the evidence duly adopted and examined by the court below and the following circumstances recognized by the records of this case, I and J correspond to the facts charged in this part.

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