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(영문) 서울중앙지방법원 2016.12.15 2016노2493
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The defendant's defense counsel of mistake of facts argues that since the defendant's materials received and administered on May 6, 2016 were a fake, the crime of giving and receiving and administering philophones is not established.

(Supplementary Statement of Reasons for Appeal dated September 19, 2016). This does not constitute legitimate grounds for appeal as it is asserted after the expiration of the period for submitting the grounds for appeal.

However, even if we look at ex officio, in full view of the following facts: (a) the Defendant stated that the philophones received from E were administered by dilution into water, and that the philophones were good; (b) E also did not make any statement that the ballophones were not good when the philophones were administered; (c) the Defendant and E did not have any effect on the ballophones; and (d) it is difficult to see that the Defendant and E did not have any ballophones or resisted the ballophones when the ballophones were administered by dilution into water; and (e) the Defendant and E do not seem to have made any speech or behavior that the ballophones were not ballophones at the time when they were administered by E.

It is true that the defendant has consented to the request by the defendant's name after receiving one unit of the defendant's phone, and the defendant did not know that the phone phone contains the phone phone, nor did he conspired to purchase E and the phone phone.

After that, only if the above door-to-door is not properly delivered, E knew the Defendant that the door-to-door phone contains the fact that he had the door-to-door phone, and asked the Defendant to confirm why the door-to-door phone is not delivered, and only promised to give the Defendant a quantity once the door-to-door phone.

The court below found the defendant guilty of this part of the facts charged (the crime of No. 1 at the time of sale) that the defendant conspired with E to purchase writingphones and attempted to purchase it, and the judgment of the court below is true.

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