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(영문) 부산고등법원 2015.04.08 2014노676
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles: Defendant A did not import phiphones in collusion with K as stated in the facts constituting an offense in the lower judgment. Defendant A did not sell approximately 0.2 g of phiphones to the person “P” as stated in the lower judgment, as stated in paragraph 2 of the facts constituting an offense in the lower judgment. Defendant A was punished on the ground that (c) was North Korean defectors who were born from North Korea without any heavy sanction for scoponing phiphones, and was guilty of committing a crime of philophone medication. (d) Defendant A knew that the protocol was prepared differently from the statement at the time of the police and the prosecutor’s investigation, and signed and sealed the protocol only the police and the prosecutor’s reliance on the fact that the date of arrest of Defendant A was false on March 25, 2014; and (d) Defendant A did not unlawfully arrest and seize Defendant A with a warrant of unfair sentencing without the warrant of the lower court’s decision.

B. In light of the fact that Defendant B’s crime committed by Defendant B is minor, the profits acquired by the crime are little, and his mistake is against each other, the punishment imposed by the court below on Defendant B (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances found by the lower court (A) and the following circumstances admitted by the lower court and the evidence duly adopted and investigated by the lower court, Defendant A may fully recognize the fact that he imported approximately 70 grams of opphones in collusion with K, and the fact that he imported approximately 70 grams of opphones.

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