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(영문) 수원지방법원 2016.09.23 2016노3843
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the facts constituting the crime of paragraphs 1 and 2 of the lower judgment, the Defendant: (a) provided good offices for the purchase and sale of phiphones between a nameless person and D; (b) however, C directly received the price from D and received phiphones from a nameless person; and (c) himself merely delivered phiphones.

As to the facts constituting the crime of Paragraph 2 of the judgment below, the volume of philophones offered for sale and purchase is not less than 10g but not more than 7g. Nevertheless, the judgment below which found the guilty of this part of the facts charged is erroneous by mistake in the facts charged.

B. The punishment of the lower court (an additional collection of KRW 1 year, April, 250, KRW 2550,000) is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact, the lower court recognized the fact that the Defendant, as a broker for the purchase and sale of phiphones among the facts charged, received the philophones from D and transferred the philophones to a person with no name, and received the philophones indicated in the facts charged, and delivered them

Therefore, the defendant's above assertion is without merit.

3. There are extenuating circumstances such as the Defendant’s recognition of the instant crime as a substitute for the instant crime and the reflection of the judgment on the wrongful argument of sentencing.

However, considering the fact that the defendant has been punished seven times for the same crime, and that the defendant committed the crime Nos. 1 and 2 of the judgment of this case during the repeated crime period, that the defendant arranged to trade a large quantity of phiphones, and other various sentencing conditions such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too large.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 35 of the Criminal Act applies to the application of the law of the court below.)

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