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(영문) 부산지방법원 2015.02.06 2014노3508
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, the Defendant was unaware of the fact that he had a mercule (tentatively called “copon”, hereinafter referred to as “copon”) in his own house, and the lower court found the Defendant guilty of the facts charged in this case by misunderstanding of facts and adversely affecting the conclusion of the judgment, even though he conspired with D, his husband, did not receive a mercopon from E.

B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, etc.) is too heavy or unhutiled (the defendant).

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and investigated by the court below and the trial court, namely, the opportunity for the investigation agency to start the investigation of the defendant to the delivery of the penphone to the defendant himself, but G used the phone call "Is up to eight hours in prison" and made a statement that E used a penphone, and transferred 20,50 million won to the bank account under the defendant's name over three times in March and April 2013. The defendant stated that E transferred money from the prosecutor's office to its own bank account, and the defendant stated that E transferred money from the prosecutor's office to the defendant's bank account, from the prosecutor's office to the prosecution's office's office's office's office's office's office to visit the defendant, and that it was one's own house to visit the defendant, and that it was one's own phone and one's own phone at the time it was late, and that E was one's own phone and one's own phone.

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