마약류관리에관한법률위반(향정)
The part concerning Defendant B and the second judgment of the court of first instance shall be reversed.
Defendant
B shall be in 10 months of imprisonment.
1. Summary of grounds for appeal;
A. Defendant A (hereinafter “Defendant A”)’s imprisonment (two years of imprisonment, confiscation, and collection KRW 800,000) is too unreasonable.
B. Defendant B (Defendant B (Defendant 1 and 2)’s sentence (Defendant 6 months of imprisonment, additional collection 300,000 won, and additional collection 30,000 won: imprisonment with prison labor for 8 months and additional collection 300,000 won) is too unreasonable.
C. The prosecutor (the first instance judgment against Defendant A) 1 misunderstanding of facts (the use of penphones around July 29, 2018 by Defendant A) (the use of penphones around July 29, 2018 by Defendant A) Defendant B consistently stated in the police and prosecutor’s investigation that both Defendant A was in injection of penphones into one’s own arms and thus, the credibility of the statement is recognized. However, the lower court’s judgment that acquitted Defendant A of this part of the facts charged is erroneous in misunderstanding of facts. (2) The lower court’s sentence of unfair sentencing (two years of imprisonment, confiscation, and collection KRW 800,
2. Ex officio determination (as to Defendant B), prior to the judgment on the grounds of appeal by Defendant B, this paper examined ex officio.
Defendant
With respect to the judgment of the first and second court which pronounced guilty against B, the defendant B appealed each other, and this court conducted a consolidated trial of the above cases.
Defendant
Since each crime committed B constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and thus, a single sentence shall be rendered simultaneously in accordance with Article 38 of the Criminal Act, among the judgment of the first instance, the part on Defendant B and the judgment of the second instance cannot be maintained.
3. Judgment on the prosecutor's assertion of mistake of facts
A. On July 29, 2018, Defendant A entered the summary of the facts charged in this part of the facts charged in Jamburon K at Bupyeong-si on July 29, 2018, in a one-time injection device, dilution with bio-dives into the two arms of Defendant B, and used phiphones.
B. The lower court found Defendant B not guilty of this part of the facts charged on the ground that the credibility of Defendant B’s testimony at the lower court was not recognized.
C. The recognition of facts constituting an offense in a criminal trial for the judgment of the trial court.