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(영문) 서울남부지방법원 2013.04.11 2013노3
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Although there was no fact that the Defendant, in violation of the rules of evidence and the facts charged, delivered the Mesacam to I, the lower court found the Defendant guilty of this part of the facts charged on the ground that the I’s statements are consistent and particularly inconsistent without any specially contradictory part.

However, I's statement is reversed continuously, and I's statement is not reliable because it was a person who misunderstanding that the defendant reported the facts of his business in his wife and illegal entertainment room.

Nevertheless, the court below adopted the I’s statement as evidence against the rules of evidence and found the Defendant guilty of this part of the facts charged.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and three months of imprisonment, additional collection of 700,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records on the misconception of facts and the assertion of violation of the rules of evidence, I, who was sentenced to two years of imprisonment on January 12, 2012 due to the fact that he operated an entertainment room business, was released from the court on January 12, 2012, and the defendant was aware of the fact that he reported the illegal operation of the entertainment room with his wife and wind, and had a good appraisal against the defendant. In the case of violation of the Act on the Control, etc. of Narcotics (favour) against himself, I, at the first police investigation, stated that he purchased the Mescamscamscams from the J introduced by pro-Japanese and that he reversed the statement that he purchased the Mescamscamscams from the defendant and F after the second investigation by the police

However, according to the evidence duly examined and adopted by the lower court, I consistently stated that I received Mestopists from the Defendant from March 7, 2012 to the lower court’s court, from March 7, 2012 to the lower court, and I met the Defendant along with R, and thereafter I met the Defendant on January 2, 2012.

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