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(영문) 수원지방법원 2013.12.12 2013노3635
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged in the judgment of the court below of fact-finding, the defendant did not sell phiphones to H, but purchased phiphones jointly with H, but the court below found the defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the fact that he/she sold phiphones to H as stated in the lower judgment.

① From the investigative agency to the court of the court below, H first requested the Defendant to contact with the Defendant in advance, and request the latter to seek a phiphones, but later, the Defendant refused the said request, and subsequently remitted the phiphones to the account designated by the Defendant, and subsequently, made consistent statements on the fact that H received a phiphones directly from the Defendant.

② The Defendant: (a) purchased a philophone from H to purchase his own money on the philophone price received from H; (b) provided H with a philophone equivalent to the H’s share; and (c) administered the remainder philophone by himself.

(3) The other party to H’s transaction may be deemed the Defendant in that: (a) the Defendant was aware of the Defendant’s intent to purchase the phiphone and the Defendant did not have any direct contact with the above E, in that the price per gram of the phiphone sold by the Defendant to H is not exactly different from the gramgram of the phiphone purchased by the Defendant to H; and (b) the Defendant did not have any direct contact with the gramphone.

The defendant.

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