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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2012.12.27 2012노3148
마약류관리에관한법률위반(마약)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the lower court which found the Defendant guilty of this part of the facts charged, inasmuch as there was only the confession of the Defendant as evidence as to the violation of the Act on the Control of Narcotics, Etc. (e.g., purchase of X-Pers among the facts charged in the instant case, did not have any corroborative evidence, thereby

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment and additional collection) is too unreasonable.

2. Determination:

A. As to the confessions made in judgment of misapprehension of the legal principles, the evidence of confessions can only be sufficient if it can be recognized that the confessions of the defendant are true, not processed, even if the whole or essential part of the facts constituting the crime is not sufficient. Moreover, if confessions and corroborating evidence are inconsistent with each other and can be acknowledged as a whole as a whole, it shall be sufficient to prove evidence of guilt.

(2) According to the records, the Defendant purchased 31 radioactive drugs from Vietnam, psychotropic drugs, from Vietnam, in the Defendant’s vehicle located in the vicinity of the G Station at around 18:00 on the lower order of January 8, 2002, at the same place around 19:0 on the first order of December 201, 201, at the same time as above H, and thereafter purchased 30 ampers from the above H around 19:00 on the first order of December 8, 201, and thereafter made a statement that all of the above purchases xers sold to J, and thereafter, they maintained the motive and details of the Defendant’s purchase and the Defendant made a statement as to each of the facts charged of the instant case from each of the following facts to the lower court.

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