마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
400,000 won shall be collected from the defendant.
1. Summary of grounds for appeal;
A. Prosecutor 1) Fact-misunderstanding and hearing failure by the lower court, the only evidence submitted by the Prosecutor alone, proves that the facts charged as to the sale of phiphonephones are beyond reasonable doubt.
It is difficult to see that there is no other evidence to acknowledge it, and the judgment of the court below which acquitted the defendant without examining additional evidence, and the judgment of the court below which acquitted the defendant is erroneous in the misconception of facts and the incomplete deliberation.
2) Legal doctrine misunderstandings, even if the sale of philophones is not found guilty
Even if the facts are the same, the application of the law and statutory penalty are the same, and the defendant also provided a penphone, it is sufficient for the court below to find the defendant guilty of the provision of a penphone without the prosecutor's application for changes in the indictment.
Nevertheless, the court below held that the judgment is in the relationship between the fact of selling philophones and the fact of providing philophones.
On the other hand, the court below acquitted the sale of philophones, and erred by misapprehending the legal principles on changes in indictment and the number of crimes.
B. The sentence of the lower court (one year and six months of imprisonment, and 400,000 won of a surcharge) is too unreasonable.
2. Determination
A. On October 22, 2017, the Defendant: (a) purchased approximately 0.1g of the penphone, which was purchased and held by Police Officers F, in lieu of the payment of KRW 100,000,00, in lieu of the payment of KRW 100,000,00 from L, the summary of the facts charged in this part of the facts charged by the Prosecutor; (b) the Defendant purchased approximately KRW 0.1g of the penphone, which was purchased and held by Police Officers from Gyeongnam-GunJ, from around 11:30 on October 22, 2017.
2) The lower court determined that the evidence submitted by the prosecutor alone proves that this part of the facts charged is beyond reasonable doubt.
see.