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(영문) 부산지방법원 2015.06.26 2015노660
마약류관리에관한법률위반(향정)
Text

The judgment below

The guilty part against Defendant A and the part against Defendant B shall be reversed, respectively.

Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (as to the guilty portion of the above Defendant’s judgment of the lower court), the punishment (one year and two months of imprisonment and additional collection) sentenced by the lower court to Defendant A is too unreasonable.

B. A. Of the instant facts charged against Defendant A, the lower court acquitted Defendant A of the part on the charge of violation of the Act on the Control of Narcotics, etc. (hereinafter “not guilty part of the lower judgment”) due to the administration of Ma Ma ambacopon (hereinafter “Chopon”) among the facts charged in the instant case against the Defendant. The lower court found the Defendant not guilty part of the lower judgment against Defendant A at the time of the police investigation that: (a) recognized that the said Defendant had caused the Defendant to put the ambopon to E at the time of the police investigation; (b) inasmuch as the said Defendant did not make it difficult for the Defendant to avoid it without hopon, in the course of the police investigation, E was also found to have received the ambopon and received it and received it. However, the lower court erred by misapprehending the fact that the Defendant was not guilty, thereby adversely affecting the conclusion of the judgment.

B) Of the facts charged in the instant case against Defendant B, “the violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of philophones to F” (hereinafter “Defendant B”), the part of the lower judgment on Defendant B’s acquittal.

As to the above, although the above defendant led to the confession of this part of the crime, and the F's conspiracy and response to the training of phiphonephones was caused, the judgment of the court below acquitted the defendant B of the acquittal portion, which affected the conclusion of the judgment, by misunderstanding the facts and misunderstanding the unfair sentencing (as to the defendant, 2). The judgment of the court below is unfair, each sentence (as to the defendant, 1 year and 2 months of imprisonment, 3 years of the suspended execution, 40 hours of probation and 40 hours of pharmacologic, 3 years of probation, and 40 hours of imprisonment) which the court below sentenced the defendants.

2. The judgment of the court below on the part against Defendant A

A. The prosecutor's judgment of the court below is not guilty.

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