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(영문) 서울중앙지방법원 2018.05.17 2018노93
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The Defendant had already provided F and U personal information to an investigation agency for cooperation in the investigation of E under undetained investigation of narcotics. As such, there was no motive for mediating the trade of philophones on June 6, 2017 of the instant case.

The defendant was unaware of the circumstances that E would purchase philophones from F, and it is not clear whether the defendant actually purchased philophones, and thus the intention of mediation is not recognized.

Nevertheless, the court below found the defendant guilty of this part of the crime, which is erroneous in the misapprehension of facts.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined at the court below as to the assertion of mistake, it can be sufficiently recognized that the defendant "a prior to know" that E purchases phiphones from F as stated in paragraph (1) of the crime committed in the judgment below.

The term “alone’s ship” means “a ship, irrespective of its form, to act as a broker or to promote convenience between a person and the other party with respect to a certain matter.”

E consistently purchased the instant phiphone from the investigative agency to the court of the first instance, from the person “V (F)” who introduced the Defendant. Before committing the instant crime, the Defendant was unaware of F, and the Defendant was in a friendly relationship with F, H, and F, and the Defendant was also in a meal place with F, H, and the Defendant purchased the instant phiphone from F at the restaurant.

statement is made.

Although the place in which philophones were received was somewhat inconsistent, the first place in which philophones were issued was made, and the first place in which philophones were purchased on credit with a lot of philophones. However, the place in which philophones were issued is outside the restaurant.

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