마약류관리에관한법률위반(향정)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
except that this judgment.
1. The decision of the court below on the summary of the grounds for appeal (the sentence of two years of suspended execution, additional collection of one year and two months of imprisonment, additional collection of 3,50,000, community service for 80 hours, and lecture for drug treatment for 40 hours) is too unreasonable.
2. In a judgment on the grounds of appeal by the defendant ex officio prior to the judgment on the grounds of appeal by authority, if the confession of the defendant is the only evidence unfavorable to the defendant, it shall not be admitted as evidence of guilt. Thus, in a case where the court found the defendant guilty on the grounds of the confession of the defendant without reinforcement, it shall be deemed that there is an error of law that affected the conclusion of the judgment in itself (see Supreme Court Decision 2007Do7835, Nov. 29, 2007). In such a case, the court below's crime No.
C. 1) The judgment of the court below found the defendant guilty of the navigational phiphone medication. The above part of the judgment below erred in violation of Article 310 of the Criminal Procedure Act concerning the rules of reinforcement of confession, which affected the conclusion of the judgment, and the above part and the remaining crimes are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below which sentenced one punishment cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows, except for the addition of “1. witness F’s trial statement” to the summary of the evidence, as stated in each corresponding column of the judgment of the court below, and thus, they are cited 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.