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(영문) 부산지방법원 2020.06.05 2019노1841
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

2.5 million won shall be additionally collected from the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, although the defendant could fully recognize that he purchased approximately 10 g of psychotropic drugs from D as stated in the facts charged, the court below acquitted the defendant. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On November 10, 2016, the summary of the facts charged in the instant case was sentenced to imprisonment with prison labor of one year and six months and a fine of three hundred thousand won in violation of the Act on the Control of Narcotics, Etc., at the Changwon District Court on November 10, 2016, and on January 29, 2018, the Defendant completed the execution of the sentence in the Gyeongbuk Branch 1 prison on January 29, 2018,

At around 15:00 on November 10, 2018, the Defendant purchased KRW 10,500,000 in cash from D in the street of the Cju store located around the Cbubaly B, with a 10ghopon, which is contained in vinyl sylba, regardless of whether the Defendant is a person handling narcotics.

B. The lower court rendered a statement to the Defendant at an investigative agency, that D made it difficult to believe that D’s statement was made in view of the fact that D’s process of building the phiphones to the Defendant, and that D’s statement was made to the Defendant that “I got off the phiphones from the scopher to the scopher from the scopher city,” and that “I would like to take off the phiphones from the scopher to the scopher city, giving and taking off the phiphones even from the scopher,” but again, it cannot be deemed that D’s statement was not guilty on the ground that D’s statement was difficult to believe and there was no reasonable proof of the facts charged in the instant case.”

(c) 1. First of all, the decision of the political party.

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