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(영문) 서울북부지방법원 2017.07.14 2017노571
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Defendant

B. .

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not deliver a penphone to Defendant B. Defendant A.

Defendant

Defendant B’s statement that corresponds to the facts charged against A is not reliable.

Nevertheless, the judgment of the court below which found Defendant B guilty on the grounds of Defendant B’s statement is erroneous and adversely affected by the conclusion of the judgment.

B. Defendant B’s punishment (one hundred months of imprisonment, additional collection KRW 100,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment as to Defendant A’s assertion of mistake of facts and the evidence duly admitted and investigated by the trial court, Defendant A may fully recognize the fact that Defendant A delivered a phiphone to Defendant B, as shown in the instant facts charged.

Therefore, Defendant A’s assertion of mistake is rejected.

1) From the prosecutor’s office to the court of the first instance, Defendant B: “Defendant A et al. known to the 20th to the 20th to the 1st court of the trial; and Defendant B, on August 1, 2016, took a clerical error in the literature of the funeral hall; and Defendant A et al., before and after the funeral ceremony, appears to be in the position of the J Hospital where Defendant A et al. was in the place of his home.

There have been a lot of calls and there have been a lot of calls.

around August 14, 2016, Defendant A called on the phone on August 14, 2016, and there is no assistance in creating a fry infinites.

Analopon has a control over analopon, and analopon has been transferred to analopon

The phrase “I see”

was done.

Defendant

A notified that he was to find it as "Asan K post", and he searched the address in a road map and went to the office of Defendant A by getting scooter and getting on it.

Defendant A, who entered the house, called “Do not have been done on the flag Old Day,” was flaged about 0.03g of philophones contained in the disposable divers, and was diversd into the arms by dilution with water.

Defendant

A's house was aimed at fluoroning, and fluoroned to fluoring a fluoring with respect to card tin.

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