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(영문) 청주지방법원 2014.11.21 2014노979
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the Defendant’s judgment on the grounds for appeal (e.g., the grounds for appeal) recognized the instant crime and did not repeat the crime, etc. is reasonable in favor of the Defendant.

However, the defendant has been punished for the same crime, and the defendant administered E and Mebacam (hereinafter referred to as "philopon") in his residence at the time and time stated in the facts charged in this case, together with E and Mebacam (hereinafter referred to as "philopon"), and as a result, the above E died due to the habitual medication or excessive medication of philopon, according to the result of the autopsy examination and appraisal of E and the result of the defendant's maternity diagnosis, the defendant seems to have administered philopon with E from this case before this case. Nevertheless, the defendant was aware that the Melopon was administered by himself and E until the trial.

In light of the circumstances, such as the discovery of philophones posted by another person in the cooling or cooling season, etc., the punishment of the lower court (one year and six months of imprisonment, additional collection of KRW 100,000) cannot be deemed unfair because it is too unreasonable in light of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and circumstances after the crime.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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