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(영문) 서울중앙지방법원 2019.03.07 2018노3877
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, has not administered philophones as stated in the judgment of the court below, and has made a false confession with the fact that the positive reaction in the Malogram test was sporadic.

B. The Defendant suffers from mental disease, such as depression of unreasonable sentencing, for a long time, and is suffering from disc diseases, such as light signboard disability, etc. with long medical treatment.

In light of this, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted by the lower court regarding the assertion of mistake of facts, the fact that the Defendant administered phiphones as stated in the judgment below can be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

1) At the lower court, C testified that “I met the Defendant at the Modonel located in the Madon on March 19, 2017.” The Defendant was holding a phiphone, was intending to administer phiphones to himself, and the Defendant appeared to have observed the Defendant’s direct injection of phiphones using the philophones, and, as the Defendant refused sexual attempts thereafter, the Defendant was compelled to assault the Defendant and report the Defendant. 2) on November 21, 2017 from the Modon taken by the Defendant on November 21, 2017 (from the Modon to the Madon part to the 9ccm).

Considering the fact that the hair is about 1ccm in the month average, the defendant continued to administer the philophone from March 2017 to the time of arrest.

3. The Defendant denied the administration of philophones, and found out about 0.3 g of philophones on May 15, 2017 at the prosecutors' office of the buphones located in the Dongjak-gu Seoul Metropolitan Government building B and the second floor area and found out 0.3 g of philophones in the second floor area, and divided them over three times at the same time and at the same place as indicated in the judgment of the court below.

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