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(영문) 서울고등법원 2015.05.22 2014노3251
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of fact 1) The Defendant was aware that the F was a minor (the crime No. 1).

There is no fact that the Defendant delivered a penphone to F and I.

(A) No crime No. 1-A, B-3) Defendant did not administer philophones as shown in [Attachment 1-2] No. 1 and 2 of the lower judgment (the crime No. 1-D at the time of sale).

(4) Although the Defendant introduced F to I, he was unaware of the fact that he was engaged in sexual traffic.

(B) the lower court’s imprisonment with labor for a period of three years is too unreasonable. (b) the lower court’s sentence of unreasonable sentencing (one year of imprisonment is too unreasonable.)

2. Determination

A. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court below and the court below as to the assertion of mistake of facts, it is just to determine that all of the crimes in the judgment of the court below are guilty, and there is no error of law that misleads the facts as alleged by the defendant.

This part of the defendant's assertion is without merit.

1) Around September 2013, F made a statement at the prosecution as follows. ① Around the end of the year, the Defendant first entered Manael, asked “Isle” to “Isle” and asked “Isle.” Around September 2013, the Defendant administered a injection with approximately 0.07g or approximately 0.05g of her semi-opopopopopopopopopon, and the Defendant also administered two times with a copon, which includes 0.05g of heropopon.

At that place, one-time medication was made by inserting philophone into a injection machine, dilution was made by dilution with water, and the Defendant and the Defendant have postponed philophones with philophones on the front day, and the Defendant also became aware of 0.05-0.1g of philophones at a injection machine.

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