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(영문) 서울중앙지방법원 2018.08.30 2018노1561
마약류관리에관한법률위반(향정)
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is as follows: (a) there was no fact that the philophone was administered as shown in the attached Table 11 copy of the daily list of crimes committed by Defendant A; and (b) there was no fact that the philophone was used in a way that the philophone was administered to Defendant B, such as the 7,8,9 parts of the daily list of crimes committed by the attached Table 2.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Defendant

B (Unfair of Sentencing) The sentence (10 million won) imposed by the court below is too unreasonable.

With respect to the prosecutor (misunderstanding of facts, not guilty part of the decision of the court below) of the defendant Eul using each penphone at least 2 times 4,5,6 times in the list of crimes attached to the defendant Eul and the administration of each penphone at least 4,5,6 times in the list of crimes attached to the defendant Eul with respect to the defendant Eul, even during the period of his hospitalization in the defendant Eul hospital, the defendant Eul can sufficiently administer the penphones with the defendant Eul's help during his hospitalization, etc., and the defendant Eul confessions it. In full view of the above, this part of the facts charged is found guilty.

Defendant

In full view of the following circumstances revealed by the lower court and the evidence duly admitted and investigated by the first instance court and the first instance court on the part concerning the medication of a philopon at least one time a year in the list of crimes attached to A’s assertion of mistake of facts, Defendant A may fully recognize the fact that Defendant A administered a philopon at the end of March 2017, such as the last day of March 1, 2017 of the list of crimes in attached Form 1.

Defendant

B was present at the investigative agency and led to the crime of medication of one’s own phiphones, and was administered with the Defendant A on March 2017, in the vehicle of Yeonsu-gu Incheon Metropolitan City's spophones.

The statements were made thereafter, and are consistently made thereafter up to this Court.

E also was convicted of a criminal fact that he/she issued a penphone to Defendant A on March 2017, and the judgment became final and conclusive (Seoul Central District Court 2017 Gohap 1133), and E in the above case.

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