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(영문) 부산지방법원 2016.07.22 2016노1958
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment and additional collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On the date of the first trial of the trial of the first instance, the prosecutor made an application for changes to the indictment of this case on the date of the trial of the first instance, and the subject of the trial of this court was changed by permission. Thus, the judgment of the court below cannot be reversed.

On December 9, 2015, the Defendant purchased approximately 0.03 g of Mesopha (one philopon; hereinafter “philopon”) from a person in a name in the vicinity of the J Station located in Busan, Busan, and administered approximately 0.03 g of Melopon to a 100,000 won, which is a local mental medicine. From January 9, 2016 to October 10 of the same month, the Defendant purchased approximately 0.03 g of Melopon purchased as mentioned above in subparagraph 303 of the Melopon to a single Melopon purchased from January 9, 2016, and injected it with water, and then injected it into one’s own arms.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant, recognized by this court, shall be deleted from 3 to 4 under the 1st page of the judgment of the court below, and shall be removed from 2 to 2nd page of the above 1st page as the part of paragraph 2 of the court below, and the summary of the evidence shall be added to "1. The defendant's trial statement at the trial of the court of the court of the court of the defendant and the prosecutor's investigation report at the prosecution of the court of the second page" as the corresponding column of the court below, and such summary shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and selective narcotics for criminal facts;

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