마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
90,000 won shall be additionally collected from the defendant.
3.2
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (an additional collection of 1 year and 900,000 won) imposed by the court below is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant.
According to the records of this case, the court below shall serve a copy of the indictment and a writ of summons by the method of serving public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and shall conduct hearings in the absence of the defendant, and thereby sentenced the defendant to a penalty of one year and nine million won. The defendant filed a petition for recovery of his/her right of appeal, alleged to the purport that he/she was not served with a copy of the indictment, etc., and that he/she was unaware of the fact that the judgment was pronounced, and the fact that the decision for recovery
According to the above facts, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion, etc. of Litigation on the ground that the defendant was unable to attend the trial of the court below due to
Since the judgment of the court below is recognized, it can no longer be maintained in this respect.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the first head, the phrase “a summary of evidence” of the judgment below is identical to the corresponding column of the judgment of the court below; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes and Article 2 subparag. 3 of the Act on the Management of Narcotics, etc.