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(영문) 의정부지방법원 2014.05.29 2014노443
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant has assisted C to trade philophones.

Nevertheless, the judgment of the court below which found the defendant guilty of the crime of paragraph (1) of the facts charged is erroneous and adversely affected by the judgment.

B. The lower court’s sentencing (one hundred months of imprisonment and four hundred thousand won of collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below duly adopted and examined the following circumstances, namely, ① the defendant led to the confession of all the fact that the court below arranged to sell and purchase phiphones from the prosecutor's office and court court, and denied the crime by reconcing it. As to the reasons, the defendant led to the confession of the crime by recognizing M's part of mediation of purchase and sale of phiphones of this case which is currently being investigated as of the examination to prevent the defendant's cooperation in investigation, and then, the defendant did not receive any contact from M and received any benefit from M, and thus, the defendant's assertion was reversed at the court of original instance. However, the defendant's assertion is without merit, and there is no evidence supporting the above argument. ② C purchased phiphonephones from the police office, and it was possible for the defendant to purchase and sell phiphones from the victim's name and unexponed, and the defendant's assertion that the defendant's phone number was "NN's name and unexponed," the defendant's photograph of this case 27.

B. As to the assertion of unfair sentencing, the Defendant would not again refrain from committing a crime.

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