마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
10,000 won shall be additionally collected from the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Ex officio determination
A. Whether the facts charged in the instant case are acknowledged
On April 18, 2017, at around 18:00, the Defendant sold 0.5 gramphones in front of Jung-gu Incheon, Jung-gu, Incheon. Around 18:00, the Defendant: (a) sent high-friendly fluor D with cash of KRW 1.50,000; and (b) purchased and sold mephones (a one philophone; hereinafter referred to as “philophones”) which are contained in one for a single-use injection device.
2) The lower court determined that the instant facts charged were recognized, comprehensively taking account of each of the evidence in its holding.
3) The lower court, based on the evidence duly adopted and examined, found the following circumstances: (i) the Defendant received KRW 100,000 from D in front of the I restaurant located in Jung-gu, Incheon at around 18:00 on April 18, 2017, from the police and the prosecution; and (ii) the Defendant received KRW 100,000 from D in front of the I restaurant located in Jung-gu, Incheon; (iii) the J president received a one-time penphone ( approximately 0.2g) and stated that D 0.1g among them was dried (Evidence evidence record 167, 213-219 pages); and (iv) D also received KRW 10,00 from the police police to the Defendant; and (iv) one one for a one-time pen consisting of a one-time pen ( approximately 0.1g).
Comprehensively taking account of the facts revealed by the Defendant, around April 18, 2017, at around 18:00, 100 won in cash from D, and 10,000 won in cash from D to him/her for a single-time-use-use-use-based-use-based-use-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based
B. The latter part of Article 37 of the Criminal Code is concurrent crimes.