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(영문) 부산지방법원 2016.12.15 2016노3444
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The judgment of the court below that found the Defendant guilty of the facts charged in this case by misunderstanding the fact that there was only a fact that the Defendant had met E in H basin and had not sold phiphones to E.

The punishment imposed by the court below on the defendant (two months of imprisonment and six hundred thousand won of collection) is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, it is sufficiently recognized that the defendant was 600,000 won from E around September 12, 2015 and sold 1.4 gramopon to him.

Therefore, this part of the defendant's argument is without merit.

E consistently, from the investigative agency to the court of the court below, he completed the sentence in prison to contact with F, a person known to him, after completing the sentence, has been working on Saturdays in order to seek phiphones from the Defendant, and thereafter, he purchased a phiphone from Daegu to H Station and purchased a phiphone from the Defendant, which included two phiphones in the injection machine, and then returned to Daegu and administered phiphones.

F also stated that E did not have a penphone when getting off from E and Daegu to Busan from the investigation agency to the court of the court below, but E had a phiphone in H station and had a phiphone in two philophones which were contained in the two sonies after having she met with her own house in Daegu. According to the telephone communications during the period of E to Busan, E had a philophone, and the other person was not present during his house in Busan to seek a philophone.

E In the process of the prosecution investigation, the sum of KRW 400,000,000 and KRW 300,000,000,000 from F, to Busan.

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