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(영문) 서울남부지방법원 2014.01.17 2013노1582
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. With respect to the facts constituting the crime under Articles 3 and 4 of the decision of the court below of the fact-finding, the defendant did not have sold the Mepta (one philopon; hereinafter "philopon") to I.

B. In light of the legal principles, the Defendant did not have any intention to deliver phiphones to I, but he was able to take part in the prosecution investigation of the crime under Articles 3 and 4 of the judgment of the court below, which was suspended to be prosecuted by the Defendant, and demanded phiphones in return for which the Defendant had been in possession of phiphones to deliver I only according to the I’s such guidances. At that time, there was several telephone conversations between I and police officers, and I participated in the search and seizure of police officers at the time of arrest. In light of the fact that the investigation of the crime under Article 2 of the judgment of the court below, the investigation of the investigative agency on the crime under Article 2 of the judgment of the court below constitutes an illegal naval investigation by force with police officers, and thus, the Defendant cannot be held liable for such crime.

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

2. Determination

A. From the investigation agency to the court of the court below, I consistently stated that the defendant purchased the penphones twice from the date and place recorded in the facts constituting the crime in paragraphs 3 and 4 of the judgment of the court below, and the contents thereof are so specific that it would be difficult to make a false representation without direct experience. At the time, I cannot be deemed that there was any motive or circumstance to make a false representation of the defendant in order for I to protect other merchant ships, and there is a multiple telephone conversations between the defendant and I at the same time, and the defendant also stated in the prosecutor's office that I would request I to request several penphones, and that I would seek a penphones."

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