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(영문) 서울중앙지방법원 2015.07.23 2015노1704
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) The Defendant’s purchase of phiphones from D on March 2, 2015 by the vessel investigation planned by F and the investigative agency. The prosecution procedure was in violation of the Act, since the Defendant was indicted based on the vessel investigation. 2) Since the Defendant possessed phiphones, it is reasonable to view the Defendant’s purchase of phiphones as an act ex post facto act, since it was due to the Defendant’s possession of phiphones.

B. The sentence imposed by the lower court (one year and ten months of imprisonment, and additional collection) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below as to the allegation regarding the 1st naval investigation, the court below's determination that the Defendant was guilty of this part of the facts charged is just and acceptable, and there is no error of law by misapprehending the legal principles on the 1stal investigation.

Therefore, this part of the defendant's assertion is rejected.

F merely called on March 2, 2015, whether the Defendant can seek a philopon, and it does not appear that F complained against the Defendant’s Eastern mind or appraisal, leading to pecuniary and psychological pressure or threat, etc., or presented a specific method of crime.

Nevertheless, the Defendant, at the F’s request, identified the philophone, and purchased 0.8g 0,000 won from D on the same day with the Defendant’s own money of KRW 100,000 from D.

The Defendant administered F with H some of the philophones sought from D as above before 1 hour and 30 minutes.

The defendant has been punished several times for committing a crime, such as selling philophones, medication, etc.

The defendant is under the period of repeated crimes.

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