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(영문) 대구지방법원 2013.10.11 2013노2221
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

(e).

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of this part of the facts charged by mistake of facts or misapprehension of legal principles (as to the facts of the crime of paragraph (1) of the original judgment), although the Defendant did not administer a phiphone as stated in this part of the facts charged, and despite the absence of credibility as a result of the Defendant’s maternity appraisal, the court below erred by misapprehending the facts or by misapprehending legal principles, which affected

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts or misapprehension of legal principles (as to the crime of Paragraph (1) of the original judgment)

A. The summary of this part of the facts charged is not a person handling narcotics.

From April 13, 2012 to April 29, 2012, the Defendant administered psychotropic drugs, in an irregular manner, Metropopic dose (one philoopon; hereinafter referred to as “philoopon”) in a psychotropic drug at a remote area below the Gyeongbuk-si, Gyeongbuk-si.

B. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court: (a) the Defendant’s place of crime (i.e., from April 13, 2012 to April 29, 2012; (b) the detection of phiphones from 4cm to the end of the end of the body; (c) the Defendant released from the investigative agency on April 13, 2012; and (c) the Defendant’s statement that he continued to exist in the Dongdong around April 29, 2012 after the release from the investigative agency; and (d) the Prosecutor’s statement that the date and time of crime was “from April 13, 2012 to April 29, 2012”; and (c) the place of crime (i.e., from the time of crime to time of appearance; hereinafter referred to as “influence method”; and (iv) the method of medication in consideration of the characteristics of the Defendant’s defense right within the scope of the crime.

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