마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Nos. 1 through 4 of seized evidence shall be charged to the defendant.
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (one year of imprisonment, confiscation, and collection) against the Defendant and his defense counsel is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. With respect to each of the above arguments on unfair sentencing, the lower court: (a) calculates a surcharge on the Defendant, prior to examining the Defendant’s assertion on unfair sentencing, and: (b) calculates a surcharge by means of multiplying the amount of the instant charges by KRW 2.50,000,000 (= 0.03g x 250,000 won) from Busan, which is the nearest area in Changwon, a criminal region; and (c) additionally collects KRW 60,000,000,000,000, which is calculated by multiplying the amount of the instant charges by the amount of KRW 10,000,000,000,000,000,0000,000,000,000 won, which is 10,000,000,000,000 won for a single medication on a single-time basis (Article 1(2)2,000,00 won).
(No. 418, No. 29, 130 of Evidence No. 1, No. 418, No. 29, No. 130 of the aforesaid facts charged are all issued or administered philophones free of charge, and the same criteria should be applied in the calculation of a surcharge. It is reasonable to calculate a surcharge in a way that calculates the total amount of philophones administered or administered by the defendant in favor of the defendant and then multiplied the retail price per 1g retail price per unit by calculating the total amount of philophones administered. In addition, the monthly trend of each of the facts charged in the above facts charged is all creative, since the monthly trend of narcotics, etc. submitted as evidence does not indicate the original retail price in the original district, which is the most nearby Busan area, and one million won, the retail price per unit of January 2014, which is the nearest Busan area, should be applied. Thus, the judgment below
Therefore, the judgment of the court below can no longer be maintained.
3. In conclusion, the court below's decision on the ground of ex officio reversal.