(영문) 부산지방법원 2016.09.30 2016노1426 | 리걸엔진

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(영문) 부산지방법원 2016.09.30 2016노1426

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, as indicated in the lower judgment, did not purchase approximately KRW 20,360,000 total sum of KRW 20,000,00 from E, 200,000,000,00 first 845,00,000,000 (hereinafter “instant denied part”) for the crime Nos. 1 and 2 (hereinafter “the instant denied part”) as indicated in the judgment below, and did not err by misapprehending the fact that all of the instant denied parts were guilty, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court to the Defendant (two years of imprisonment and additional collection) is too unreasonable.

2. Determination:

A. 1) The lower court determined that the Defendant’s assertion is guilty on the ground that: (a) considering the motive, circumstance, and details of the statement that E initially selected the Defendant as a means to sell phiphonephones, is very natural; (b) the credibility of each purchase price is sufficiently recognized in light of his/her legal attitude and content (in particular, the circumstance in which each purchase price is set at KRW 1.4 million and KRW 1.960,000 is very natural); and (c) the Defendant’s self-sufficiency and the relationship between the Defendant and E, etc., the Defendant’s assertion does not formally receive any profit (the transfer of a certain amount of money that is KRW 1.4 million and KRW 1.60,000,000 from the prison to the Defendant is against the empirical rule).

2) In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court and the lower court, the lower court’s judgment that found the Defendant guilty of all of the denied portion is justifiable, and it did not err by misapprehending the facts and adversely affecting the conclusion of the judgment.

Therefore, the defendant's assertion of factual mistake is rejected.

(1) E shall be located in the area of D University located in the Gu of Busan on August 17, 2014 at the investigative agency.

유사 판례

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