(영문) 광주지방법원 2019.08.29 2019노957 | 리걸엔진

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(영문) 광주지방법원 2019.08.29 2019노957

마약류관리에관한법률위반(향정)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although there was no fact that the Defendant delivered a philophone to C three times, the lower court found Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misunderstanding of facts. 2) The lower court’s punishment (two years of imprisonment) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1) The court below acquitted the Defendant of this part of the facts charged, although the Defendant could sufficiently recognize the fact that he delivered a penphone to J, the court below erred in misunderstanding of facts. 2) The judgment of the court below is erroneous in misunderstanding of facts.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court as to the Defendant’s assertion of mistake of facts, i.e., ① the investigative agency stated in this part of the facts charged at the date and place in this part of the facts charged, to the effect that C was issued with a phiphones over three times from the Defendant, and the possibility that C himself/herself may be punished is very low, and ② the Defendant also recognized this part of the facts charged from the investigative agency to the lower court, and it is difficult to find out the circumstances to suspect the credibility of the statement. In light of the above, the Defendant’s above assertion is insufficient to fully recognize the fact that the Defendant delivered a phiphones to C over three times, as stated in its reasoning.

B. On July 5, 2018, the Defendant: (a) around July 5, 2018, on the part of this part of the facts charged, issued to J approximately 0.1g of philopon on the part of the vehicle parked on the part of the seat of the I University located in Nam-gu Busan, Busan, and dealt with psychotropic drugs, by delivering approximately 0.1g of philopon to J, which is contained in the one-time in the one-time in the one-time in front of the other. (b) The lower court’s determination becomes a key issue.

유사 판례

-대전지방법원 2014.09.04 2014노1402

-전주지방법원 2015.02.13 2014노1370

-광주지방법원 2018.10.31 2018노2444

-광주지방법원 2020.01.15 2019노66

-부산지방법원 2015.12.17 2015노2896