마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1,079,760 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. Fact-misunderstanding and misunderstanding of legal principles (2017 highest 2692 charges) the Defendant did not sell phiphones to F, but purchased approximately KRW 9.50,000 and KRW 1.4g of phiphones with the Defendant’s burden of KRW 250,000 and KRW 0.46g of them to F.
B. The lower court’s sentence (one year and six months of imprisonment, additional collection of KRW 1.650,00) against an unfair defendant in sentencing is too unreasonable.
2. Before deciding on the grounds of appeal by the Defendant’s ex officio, the Prosecutor added “Article 30 of the Criminal Act” to the first instance court’s order 2017 Godan 2692 subparag. 1 of the instant facts charged, and applied for permission of modification of an indictment to add the following selective facts charged. Since the subject of judgment by this court was changed, the judgment of the lower court was no longer maintained.
【Alternative Facts Facts】
1. On March 2012, the Defendant conspiredd to purchase philophones from AB (AC) with F on a non-commercial name, along with the Defendant.
On March 12, 2012, the Defendant deposited KRW 950,000 from F to the National Bank account in the name of G used by the Defendant, and received approximately KRW 1.4g of opon from AB, and purchased oponon in collusion with F by delivering approximately 0.46g of opon on March 12, 2012 to F, which is contained in the part of the JJ located in Yangju-si I at Yangju-si, at approximately 20:00.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, on the ground that the above grounds for appeal are reversed ex officio, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are among the judgment below [2017 order 2692].