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(영문) 부산지방법원 2017.09.29 2017노2367
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal doctrine) The Defendant did not have administered phiphones between November 26, 2016 and November 29, 2016. Moreover, this part of the facts charged cannot be deemed to be a description of specific facts as to the date, time, place, quantity, and method of medication.

2) The Defendant did not deliver a penphone to A on March 3, 2017.

B. The punishment sentenced by the lower court (two years of imprisonment, additional collection KRW 200,00) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and examined evidence regarding the administration of chophones from November 26, 2016 to November 29, 2016, the lower court fully recognized that the Defendant administered chophones as indicated in this part of the facts charged, and the facts charged were also specified.

must be viewed.

Therefore, we cannot accept the Defendant’s mistake or misapprehension of the legal doctrine.

① Around November 29, 2016, the U.S. Research Institute of National Scientific and Investigative Research for the defense of the defendant taken over around November 29, 2016 led to the reaction of phiphones.

(2) There is little possibility of mistake or error as to the result of the examination, and the detection period is relatively short, and its accuracy is very high.

(3) There is a possibility that another person has administered philophones to the defendant following the death of the defendant.

There are no special circumstances to suspect.

④ Meanwhile, the facts charged should be stated clearly by specifying the time, date, place, and method of a crime. The purport of the law requiring the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged are sufficient if the facts constituting the facts charged are stated to the extent that they can be distinguishable from other facts by comprehensively taking into account these elements, and the time, place, and method of a crime in the indictment.

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