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(영문) 대구지방법원 2019.02.15 2018노4281
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant B’s assertion of mistake of facts on August 19, 2018, Defendant B’s sales of philophones does not receive money in return for delivery of philophones, even if the Defendant was paid part of the money that Defendant lent to A.

B. Each sentence (Defendant A: Imprisonment with prison labor for one year and six months, confiscation, Defendant B: Imprisonment with prison labor for two years and six months, and confiscation) of the lower court on the Defendants’ assertion of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to Defendant B’s assertion of mistake of fact, the following circumstances revealed: (i) A paid KRW 300,000 to the Defendant in return for the penphone consistently delivered to the investigation agency up to this court; and (ii) the Defendant asserts that A had delivered A with a penphone because he did not pay KRW 10,000,000 between the transfer and the transfer; (iii) the Defendant had received KRW 300,000 in connection with the delivery of the penphone; and (iv) the Defendant clearly appears to have received KRW 30,000 in return for the delivery of the penphone; and (v) the Defendant had not received KRW 30,000 in return for the delivery of the penphone. In full view of the following circumstances, it can be recognized that the Defendant issued a penphone to A and sold the phone by receiving KRW 300,000 in return for the delivery of the penphone.

Therefore, the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, Defendant A recognized and reflected the instant crime, the Defendant provided information about X and upper lines, which administered phiphonephones together with the Defendant, and cooperateed with the narcotics investigation business, etc., which are favorable to the Defendant, or the Defendant committed a crime such as purchase, sale, medication, issuance, possession, etc. of phiphones, as long as the Defendant was punished for the same kind of crime and was released therefrom, and many and unspecified persons.

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