마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
3,700,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. In fact, the Defendant purchased or received 11 g mert cancer (one-name philophone) and administered 0.03 g., the lower court sentenced the Defendant to collect 100,000 won as additional charge. The lower court erred by misapprehending the legal principles as to the calculation of the additional charge, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. 1) The sentencing of the lower court (one year and two months of imprisonment, additional collection of KRW 100,000) is too unreasonable. 2) The sentencing of the lower court by the Prosecutor is too unreasonable.
2. Comprehensively taking account of the evidence duly adopted and examined by the lower court as to the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine, the Defendant purchased 10,000 g of 10,000 philopon from G on August 3, 2012 and 400,000 g of 10,000 philopon on August 10, 2012; ② the Defendant received 0.3g of philopon from G on August 17, 2012; ③ the Defendant administered 0.05g philopon on August 20, 2012.
Meanwhile, in full view of the following circumstances, the Defendant stated that he administered 0.05 g (Evidence No. 1, No. 20, No. 45 of the Evidence Records), which was delivered from G on August 20, 2012 (Evidence No. 1, No. 49 of the Evidence No. 1, No. 49 of the Evidence No. 1), G provided the Defendant with a philopon free of charge on August 20, 2012 (Evidence No. 24, No. 65 of the Evidence No. 24, No. 65 of the philopon on August 17, 2012), and the Defendant stated that he delivered 0.3 g of the philopon free of charge on August 17, 2012 (Evidence No. 24, No. 65 of the Evidence No. 2, the Defendant appears to have no contact with Gphone from August 18, 2012 to August 20, 2017.
Therefore, the Defendant’s collection of KRW 3.7 million [3 million won for a single medication of KRW 400,000 ( KRW 100,000 for a single medication of KRW 100,00 x three times)] is required.