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(영문) 부산지방법원 2014.06.13 2014노164
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant purchased and distributed the Mesophopule (hereinafter referred to as the "philoopon") jointly with C, the judgment of the court below which found the defendant guilty of this part of the facts charged even though he did not sell the Melopon to C as stated in the facts charged in paragraph (1) of the judgment below is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the trial court: (a) the Defendant purchased 0.3g of 190,000 won transferred from C by the prosecution; (b) purchased 0.15g of opon to C; and (c) made a statement that C had purchased 0.12g of opon remaining after the Defendant’s administration once and the remaining opon to C; and (d) subsequently, the Defendant purchased opon from the prosecutor’s office to purchase opon, not a certain amount of 0.12g of opon; and (c) accordingly, the Defendant did not transfer opon to C with the purchase fund of the Defendant and C; (d) the witness received money from the Defendant and received opon from the Defendant, but the Defendant did not jointly purchase opon from the Defendant’s opon in the process of selling opon.

Even if the facts stated in paragraph (1) of the facts constituting the crime in the judgment below, it is recognized that philophone was sold to C.

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