마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
The branch office of the Suwon District Public Prosecutor's Office shall be the branch office in 2017.
1. Summary of grounds for appeal;
A. In relation to the crime described in paragraph 5 of the crime of the lower judgment as indicated in the lower judgment, the Defendant, rather than selling phiphones to N, assisted the sale of phiphones between N and D by the seller.
Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous.
B. The punishment of the lower court (one year and six months of imprisonment, additional collection of KRW 770,00) is too unreasonable.
2. Ex officio determination
A. The appellate court, which is not a reason for ex officio examination, may only refer to cases where it is recorded in the petition of appeal or if it is included in the statement of reason for appeal submitted within the prescribed period unless it is stated in the petition of appeal. However, with respect to the reason for ex officio examination, it shall be judged without the need to refer to whether the appeal was submitted with the reason for appeal or whether it is included in the statement of reason for appeal (proviso of Article 361-4(1) of the Criminal Procedure Act). Here, the reason for ex officio examination includes not only the application of statutes or statutory interpretation, but also mistake of facts, and unfair sentencing (see, e.g., Supreme Court Order 2002Mo338, May 16, 2003). The defendant did not file an appeal on the ground of mistake or misapprehension of the legal principles as to the facts of crime under paragraph (1) of the judgment below, but the court below's judgment on the ground for ex officio examination is examined as to the legitimacy of the crime under paragraph (1) of the judgment below.
B. The summary of the facts charged under Article 1 of the facts charged in the judgment below is not a narcotics handler.
On May 5, 2017, at the underground parking lot of the building Dacheon-si, Leecheon-si, the Defendant purchased a penphone by putting approximately 3.23g glopon (hereinafter referred to as the “philopon”) from D and promising to put about 1.5 million won in the future.
(c).