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(영문) 수원지방법원 2017.12.01 2017노4567
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a year and ten months.

Defendant .

Reasons

1. Summary of grounds for appeal;

가. 피고인들 ⑴ 피고인 B ㈎ 사실 오인 내지 법리 오해 1) D에 대한 각 필로폰 매도로 인한 마약류 관리에 관한 법률위반( 향 정) 의 점에 대하여 피고인은 D이 필로폰을 매수할 수 있도록 K 명의의 계좌를 사용하는 필로폰 매도 인과의 필로폰 매매거래를 알선하여 주었을 뿐, 피고인이 D에게 필로폰을 매도한 것이 아니다.

2) As to the violation of the Act on the Control of Narcotics, Etc. by granting of phiphones to A without compensation, a statement was made at an investigative agency stating that “the Defendant was issued a phiphones from the Defendant”

A acknowledged that the above statement was false at the court of the court below, and the remaining evidence submitted by the prosecutor, such as telephone details or an injection discovered at Nel, are not evidence supporting this part of the facts charged.

3) As to the violation of the Act on the Control of Narcotics, etc. due to the Joint Purchase of Handphones (flapsying), the Defendant committed a mistake in the way that A et al. did not interfere with the Defendant’s purchase of Handphones while viewing the fact that A et al. landed into Busan, but did not conspired to commit this part of the crime, and did not have been involved in the purchase of Handphones or received the distribution of Handphones, and the reason that the Defendant continued to make a phone to C at the time was merely for Ma.

4) The date and time indicated in the facts charged, which was from August 2016 to September 2016, would seriously impede the Defendant’s exercise of the defense right, is too broad time, and thus, this part of the facts charged was specified.

shall not be deemed to exist.

B) In the court of the court below, it is known that D misunderstanding of facts was not known that the Defendant was not administered in September from August 2016 to September 2016.

In light of the fact that the defendant made a statement, from August 2016 to September 201.

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