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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.12.08 2016노3664
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not receive or possess a penphone as stated in Articles 4 and 6 of the facts constituting a crime in the judgment of the court below, the court below erred by misunderstanding the Defendant’s belief that he/she made a false statement without credibility, thereby finding the Defendant guilty of this part of the facts charged.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

가. 사실오인 주장에 대한 판단 이 부분 공소사실에 부합하는 E, I의 수사기관에서의 각 진술은 그 진술내용이 구체적이고 일관된 데다가 피고인과 I 사이의 문자메시지(증거기록 109∽111, 118∽119면)나 수사보고(CCTV 녹화영상 발췌, 증거기록 120∽122면) 등을 통해 드러나는 객관적인 정황과도 명백히 부합하여 충분히 믿을 만하다.

According to each statement made by E and I to the investigation agency as above and the evidence duly adopted and examined by the court below, the fact that the defendant received and possessed the penphone is sufficiently recognized as stated in this part of the facts charged.

Therefore, the defendant's assertion of mistake cannot be accepted.

B. In full view of the following: (a) the administration of philophones over several occasions in the determination of the allegation of unfair sentencing; (b) the receipt and receipt of a large quantity of phiphones for sale; (c) the nature of each of the instant crimes in which the commission of each of the instant crimes was kept in custody; (d) the denial of a part of the crime and the attitude against his mistake was not shown; and (e) the motive, means and result leading up to the instant crime; (c) the circumstances after the commission of the crime; (d) the Defendant’s age, character and conduct, environment, etc., and all other circumstances leading to the conditions of sentencing as indicated in the oral argument, and there is no change in the conditions of sentencing compared with the lower court,

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