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(영문) 대전지방법원 2016.07.14 2016노947
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) did not sell and purchase philophones to C on September 11, 2014 and September 12, 2014; (b) received a request from C to seek philophones; and (c) mediated the trade of philophones between F and C.

Unlike this, the judgment of the court below which found the defendant guilty as to this part on the ground that the defendant traded a philopon to each of the above daily border C, is erroneous in the misapprehension of the facts.

B. The sentence sentenced by the lower court to the Defendant (one year and four months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and investigated by the lower court, stated the following facts and circumstances, namely,: (a) C provided money to the Defendant at the time of the prosecutorial investigation on July 31, 2015; and (b) stated to the same effect as at the time of the prosecutorial investigation on August 11, 2015; (c) the Defendant stated to the effect that he purchased phiphones from F at the time of the prosecutorial investigation on September 30, 2015 and sold phiphones to C; (d) the Defendant did not introduce F and C to inform C of the fact that he did not directly pay F money; and (d) the Defendant received 1.2 million won from C on September 11, 2014 to transfer 1.2 million won to F on the same day; and (e) the Defendant paid 1.2.1 million won on September 14, 2014 to F on the same day and received 1.2 million won on the same day.

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

B. The circumstances favorable to the Defendant include: (a) the Defendant was committed with the exception of the purchase and sale of phiphonephones; (b) the Defendant actively cooperates in the investigation of a drug offender; and (c) the fact that there is a family member to support the Defendant.

However, the defendant is a like crime.

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