마약류관리에관한법률위반(향정)
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
from the defendant 4,700.
1. Of the instant facts charged, the lower court found the Defendant not guilty of the violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of net Metepha in the middle of April 2017, the first instance court rendered a judgment on the charge of violation of the Act on the Control of Narcotics, etc. (fence) due to the provision of net Metepha medication, and the provision of Metepha Metepha in the middle of April 2017, and the prosecutor did not appeal against the purchase and medication of net Metepha in the middle of April 2017 among this part of the instant facts charged. As such, the scope of this court’s judgment is limited to the violation of the Act on the Control of Narcotics,
2. Summary of grounds for appeal;
A. Defendant 1) There was no erroneous determination of the facts about the sale of Mept Ampis by Defendant 1. Defendant 2 did not sell Mept Ampis to C. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment, and additional collection KRW 4.7 million) is too unreasonable.
B. According to the evidence submitted by the prosecution, such as the Defendant’s statement of misconception of facts as to the provision of Mepta, among the non-guilty portion, and part of C’s statement, the lower court acquitted the Defendant on this part of the facts charged, although it could be recognized that the Defendant delivered Mepta to C around December 22, 2017, the lower court erred by misapprehending the facts. 2) The lower court’s sentence on unreasonable sentencing is too unjustifiable, and thus unfair.
3. Determination
A. On November 2017, 2017, the lower court duly admitted and examined the Defendant’s assertion of misunderstanding of facts, namely, C purchased approximately KRW 0.03 g of Meptian from the Defendant to the lower court’s court’s judgment on the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and thereafter purchased approximately KRW 0.03g of Meptians from the investigation agency to the lower court.
“The statement to the effect that “C” was written, and C was indicted for committing the above Mampamine, and all of the crimes were led to his criminal case, and he was sentenced to imprisonment with prison labor for the Gwangju District Court on June 15, 2018.