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(영문) 서울중앙지방법원 2018.07.19 2017노4728
마약류관리에관한법률위반(향정)
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment with prison labor for each of the crimes listed in the judgment below.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant did not sell a philopon to F at the date, time, and place indicated in No. 1-A, B, and each paragraph as indicated in the judgment of the court below.

2) Although the Defendant and the defense counsel did not state specific reasons for misunderstanding about this part of the instant text, considering the fact that the lower court’s judgment on the remainder of the criminal facts except for the portion of phiphone medication was written in the reasoning for appeal submitted by the Defendant (i.e., January 16, 2018), this part is also deemed to have argued for misunderstanding of facts.

There is no fact that the defendant gives or receives philophones fromO.

3) There is no fact that the Defendant did not sell philophones to V, and received philophones free of charge from V, and there is no fact that he received philophones free of charge.

4) There is no fact that the Defendant, who arranged to purchase and sell philophones No. 6-B in the holding of the lower judgment, does not arrange to purchase B’s philophones.

B. Punishment sentenced by the court below (as to each crime listed in the judgment below No. 1: Imprisonment with prison labor for 10 months, 2 through 5, and 6-B: Imprisonment for 2 years and 6 months, and additional collection charges of 4220,000 won are sentenced to each crime listed in the judgment below and each crime listed in Articles 2 through 5 and 6-B as stated in the judgment below).

It is too unreasonable to say that it is too unreasonable.

2. Determination

A. We examine ex officio judgment (as to each part of the crimes in Articles 2 through 5 and 6-B in the holding of the court below), prior to the judgment on the grounds for appeal.

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to eight months of imprisonment with prison labor at the Incheon District Court on January 24, 2018 and became final and conclusive on April 10, 2018.

The crimes of Articles 2 through 5 and 6-B of the decision of the court below against the defendant are concurrent crimes of Article 37 of the Criminal Code.

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