(영문) 수원지방법원 2013.07.11 2013노214 | 리걸엔진

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(영문) 수원지방법원 2013.07.11 2013노214

마약류관리에관한법률위반(향정)

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s guilty portion of the lower judgment’s judgment, there is no fact that the Defendant purchased a penphone from C or sold a penphone to C with respect to the purchase and sale of each penphone.

Nevertheless, the lower court found the Defendant guilty by misunderstanding this part of the fact by adopting C’s statement that falls short of credibility as a major evidence.

(2) The imprisonment with labor and six months, confiscation and collection for the accused of the lower court’s decision on unreasonable sentencing (one year and six months of imprisonment and confiscation) are too unreasonable.

B. As to the acquitted portion of the lower judgment by the prosecutor, notwithstanding the fact that the Defendant could fully recognize the purchase of phiphones from C around August 25, 2012, the lower court erred by misapprehending this part of the lower judgment and acquitted the Defendant.

2. Determination of the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination is just and acceptable, and it cannot be said that there was any error of misunderstanding the facts. Therefore, this part of the Defendant’s assertion is without merit.

1. C is as follows: (a) the Defendant was aware of prior conviction in the previous prison due to the judgment of the court below that the Defendant was aware of his being confined to the previous prison; and (b) the provision of a fine instead.

C At an investigative agency and a court of the original instance, the defendant made a specific and consistent statement on the date and time, and the description of phiphones with the defendant at a place specified in each of the facts charged, and the credibility of the statement is recognized in light of the details of passbook transactions and telephone

② At the time of receiving the first interrogation of suspect, the Defendant made a statement to the effect that he/she was transferred several times to purchase phiphones from C, and received phiphones from C twice.

The accused, together with C, shall be examined by the prosecution for the third time.

유사 판례

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-부산지방법원 2014.06.13 2014노164

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