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(영문) 수원지방법원 2014.02.20 2013노4506
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant issued or sold philophones to E and administered philophones, the lower court convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the fact, thereby adversely affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (the crime described in paragraphs 1 through 6 of the 2013 Highest 518 Case as indicated in the original judgment: Imprisonment for eight months, additional collection, and crimes listed in paragraphs 7 of the 2013 Highest 518 Case as indicated in the lower judgment, and crimes listed in the 2013 Highest 556 Case as indicated in the lower judgment: imprisonment for three months, additional collection) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence examination conducted by the first instance court, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable in full view of the evidence examination and the evidence examination conducted by the first instance court until the closing of argument in the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of a statement made by a witness of the first instance on the ground that the first instance court’s determination on the credibility of a statement is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

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