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(영문) 광주지방법원 2018.02.21 2017노4601
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The facts charged in the instant case were not specified.

2) The facts charged in the instant case are specified

Even if the defendant received or administered philophones, there is no fact that the defendant administered philophones.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) Determination of the lower court on the assertion of mistake of facts, etc. 1) The lower court’s determination on whether to specify the official residence room of the Defendant, after considering the legal principles as stated in its reasoning, can be deemed as having been specified to the extent that it does not infringe the Defendant’s right to defense, in light of the following circumstances, i.e., (i) the date and place of each of the instant crimes committed by the Defendant in the situation with G, I or D, and the evidence, such as the statement of the accomplice, including G, etc., and the mobile phone phone call details, are deemed to be specific specific as possible by the evidence. (ii) The Defendant’s quantity and method of the Defendant’s penphone medication are also specified, and this is consistent with the statement of the accomplice on the

The decision was determined.

B) In full view of the following circumstances recognized by the lower court as a whole as a whole, the lower court recognized the fact that the Defendant received and administered philophones as stated in the lower judgment, as the facts constituting the crime.

The decision was determined.

(1) Paragraphs 1-A and 2-b (1) of the facts charged, D, at the time of the prosecutor’s investigation, at a place where G did not make any statement at the time of the prosecutor’s investigation, G and the Defendant administered the walopphone.

Along with the description of the specific method and place of medication, D appears to have been able to make a specific statement because D directly appeared to have been witness, D did not directly have been sworn in the court of original instance.

At the time, the defendant was also deemed to have been administered.

The statement, written, written, written.

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