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(영문) 인천지방법원 2020.05.21 2020노374
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (unfair punishment) imposed by the lower court on the Defendants (Defendant A: imprisonment of one year and two months, confiscation and additional collection of 50,000 won, Defendant B: imprisonment of one year and four months, and additional collection of 100,000 won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty part of the judgment below) among the facts charged in this case, there is no circumstance to suspect the credibility of Defendant A’s statement on the facts charged in violation of the Act on the Control of Narcotics, Etc. (fence) due to the sale and purchase of philphones against the Defendants, and according to evidence such as the location of the station where the call was sent in the monetary content of the Defendants, the seized philopphone, and the drug ingredients detected in the urine, etc., the judgment of the court below which judged otherwise

B) Of the facts charged in the instant case, the violation of the Act on the Control of Narcotics, Etc. (fence to the Defendant’s phone number on July 13, 2019) due to the violation of the Act on the Control of Narcotics, Etc. (fence) and the location of the sending base station of the Defendant and G are consistent with the Defendant’s statement. The confession of the Defendant A is credibility, and the judgment of the court below that determined otherwise was erroneous in the misunderstanding of facts in the judgment of the court below that determined otherwise, even if the seized phonephone was supporting evidence for the confession of the Defendant A, among the facts charged in the instant case, there was credibility in the victim’s statement and credibility in the victim’s statement, and in light of all the evidence, such as the content of the 112 report and the statement of the

2. The sentence imposed by the court below on the Defendants is too unjustifiable and unfair.

2. Determination

A. Part 1 of the Prosecutor’s assertion of mistake of facts in the facts charged in the instant case, which constitutes a violation of the Act on the Control of Narcotics, Etc. (the lower court’s judgment is difficult to believe that Defendant A’s confession statement concerning this part of the facts charged on the following grounds.

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