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(영문) 부산지방법원 2013.07.18 2013노565
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

10,000 won shall be additionally collected from the defendant.

Reasons

Summary of Grounds for Appeal

A. In the absence of a fact that the defendant merely delivered a capsululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululululule, e.g., the defendant's office did not have any fact

B. The lower court’s sentencing (three-year imprisonment) is too unreasonable, even if not, on the other hand.

Judgment

A. As to the assertion of mistake of facts, the following circumstances can be acknowledged by the court below's judgment and the court below's lawfully adopted and investigated evidence, namely, ① before the defendant was arrested as an offender in the act of committing the crime on July 29, 201 and the trial was conducted, ② the statement to the effect that "E purchased approximately KRW 50 g of the philopon from the defendant upon the request of the defendant at the H that philopon was sought," ② The statement was made from Seoul to Busan and the defendant's residence; ② the process of administered the philopon on July 28, 201 to Busan and the defendant's residence; the process of receiving the philopon in the form of a capslopon from the defendant; ③ the defendant purchased the philopon from the defendant at the place where the Dolopon was held, and ③ the defendant did not deliver the Dolopon to the Japanese person with the Dolop on the Dolopon.

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