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(영문) 서울중앙지방법원 2014.07.03 2014노1623
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that misunderstanding of facts C has consistently stated the fact that philophones were provided by the Defendant twice, the court below acquitted the Defendant of the provision of each philophones among the facts charged in the instant case on the premise that the above C’s statement was not reliable, despite the existence of credibility, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing (one hundred thousand won in imprisonment for a period of eight months and one hundred thousand won in collection) is too unjustifiable and unfair.

2. Determination on the grounds for appeal

A. The court below found the defendant not guilty of the charge of not guilty portion under the title of "not guilty portion" and the judgment on the charge of this case in detail. In comparison with the above judgment of the court below, the judgment of the court below is just and it cannot be viewed that there was an error of mistake of facts as pointed out by the prosecutor.

Therefore, the prosecutor's assertion on this part is not accepted.

B. In full view of the circumstances that the Defendant again committed the instant crime during the period of repeated crimes despite a large number of criminal records of unfair sentencing, there are unfavorable circumstances that the Defendant committed the instant crime during the period of repeated crimes, or that the Defendant’s mistake is against the Defendant’s depth, that the part convicting the Defendant was only one time, and that the Defendant did not transfer the medication, taking into account the aforementioned circumstances favorable to the Defendant, and that there is no special change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and other various circumstances that form the conditions for the pleadings and the sentencing as indicated in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime.

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