마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. As to the sale of philophones listed in paragraph (2) among the facts constituting the crime of the lower judgment, the Defendant conspired with D to sell philophones to F, but purchased philophones jointly with F, so the lower court erred by misapprehending the legal doctrine.
B. The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection of 600,000 won) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the Defendant, upon F’s request to rescue narcotics, contacted F with F, thereby making it difficult to save the weak value at the end of the year.
Ma.
In full view of the fact that “A” talks with the purport that “A”, ② the Defendant received a written phone from D and delivered it to F, and thereafter, the Defendant took delivery of the written phone to F, ③ the purchase price of the written phone was borne by F, and the Defendant appears to have used both the purchased written phone, ④ the Defendant and D appear to have been given and received a written phone without compensation, ⑤ other Acts on the Control of Narcotics, etc. provide that a person who purchased and sold narcotics shall be punished, and that there is no particular distinction between sale and purchase, the Defendant may fully recognize the fact that the Defendant conspired with D and sold the written phone to F, as stated in its reasoning.
Therefore, the defendant's assertion of facts is without merit.
B. There are favorable circumstances, such as the fact that the Defendant recognized each of the instant crimes and against his mistake, and that the Defendant appears to have not accrued any profit that the Defendant had earned by paying 200,000 won from F to D.
However, narcotics crimes have serious social harm caused by their toxicity and need to be strictly punished, and the defendant goes beyond the simple medication.