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(영문) 서울고등법원 (춘천) 2015.04.08 2015노8
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court’s sentence (three years of imprisonment with prison labor for Defendants A and one year of suspended sentence for Defendants B) is too unreasonable.

Of the facts charged by the prosecutor, the court below found Defendant A not guilty on the ground that the confession of Defendant A is the only evidence unfavorable to him/her and thus, the court below erred by misapprehending the legal principles as to the probative value of corroborative evidence, which affected the conclusion of the judgment. The court below erred by misapprehending the legal principles as to the probative value of corroborative evidence, which affected the conclusion of the judgment.

The sentence of the lower court on the Defendants of unreasonable sentencing is deemed to be so uneased and unfair.

Judgment

On May 20, 201, Defendant A: (a) conspired with G hotel at Indonesia A, and I to smoke water tobacco at the G hotel at the time of Indonesia on May 20, 201; (b) one of them is put in the water; (c) the other is not in contact with water; (d) the other is put in the water as soon as possible on the back of the opposite end of the water; and (e) the other is cut in the water of a glass disease, if the delay enters the water of the glass disease, then administered the chophone as soon as possible, and (e) the chophone was administered in the same manner as attached Table 1, 3 through 8, 11, 13 through 16, from around that time to October 1, 2012.

As to the portion of innocence, the lower court determined that the Defendant A led to a crime committed from an investigative agency to the lower court, and the Defendant A prepared by an appraiser W who belongs to the National Institute of Scientific Investigation.

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