마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
One divers used in seizure (Evidence...).
1. The summary of the grounds for appeal (unfair sentencing) that the lower court rendered against the Defendant is unreasonable as it excessively inappropriate.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the first head of the facts charged by the prosecutor was examined in the first instance court, and the part of the judgment below, which stated that “The Defendant was sentenced by imprisonment with prison labor on May 25, 2016, with prison labor for 6 months and 2 years of suspended execution, and the judgment became final and conclusive on June 2, 2016,” was added to the crime of violation of the Punishment of Violences, etc. at the Suwon Fagwon method Board (joint confinement).” The Defendant applied for amendments to Bill of Amendment to Bill of Indictment, which added “Article 39 of the Criminal Act” under the applicable law, and the subject of the judgment was changed by this court’s permission. As such, the judgment below based on the initial facts charged
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 below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment. (Article 60 (1) 2, Article 4 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (Article 60 (1) 2, Article 60 (1) 2, and Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc.) (Article 60 (1) 2, Article 60 (1) 1, Article 4 (1) 3 of the Act on the Control of Narcotics, Etc. (Article 60 (1) 4, Article 2 subparagraph 3 (b) (Article 60 of the Act on the Management of Narcotics, etc.)