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Reasons
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(영문) 부산고등법원 2019.03.27 2018노602
마약류관리에관한법률위반(마약)등
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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the lower judgment’s criminal facts, the Defendant found Defendant guilty of the facts of the lower judgment, although he did not “ around 11:00, at the home of D around May 30, 2017, in fluoral disease, distributed D with fluoral alcohol and fluoral acid leaves 32gs without compensation in fluoral disease.” However, the lower court found Defendant guilty. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. (2) In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Of the facts charged in the instant case of mistake of facts, the lower court determined that: (a) on October 24, 2017, the Defendant: (b) 300,000 won was dry and purchased from L in front of the X convenience store in the Gyeongdong-gun W; and (c) on November 15, 2017, around 15:00, 30,000 won was dry and sold from L at the K Proxy's office located in the Gyeongdong-gunJ around 15:00 on November 15, 2017; and (b) on the fact that the Defendant sold L with approximately 0.245 gh of philopon to L, the lower court erred by misapprehending the Defendant's reliable prosecutorial statement and circumstantial evidence supporting this; and (b) on the above facts charged, the lower court erred by misapprehending the judgment on the Act on the Control of Narcotics, Etc., which constitutes an unfair sentencing (ab) and thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The court below rejected the Defendant’s assertion of mistake of facts in detail on the grounds that the Defendant had the same assertion as the grounds for appeal in this part, and the court below rejected the Defendant’s assertion of mistake of facts in the written judgment.

The judgment below

Examining the reasoning in comparison with the evidence duly adopted and examined, the judgment of the court below is reasonable.

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