마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
850,000 won from the defendant.
1. Summary of grounds for appeal;
A. Regarding the judgment of the second court on the erroneous determination of facts or misunderstanding of legal principles, the defendant does not trade philophones by receiving cash from Q, but mediates the trade of philophones between T and Q.
B. Each sentence of unfair sentencing (the first instance court: imprisonment with prison labor for one year and six months in prison for the second instance) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the first and second judgment of the court below, and this court decided to hold two appeals jointly. Since each of the crimes of the first and second judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence under Article 38(1) of the Criminal Act, the first and second judgment of the court below cannot be maintained as they are.
However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.
2. The following circumstances acknowledged by the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles are, namely, Q made a transaction with the defendant at an investigative agency by giving cash to the defendant and purchasing a penphone three times, and the defendant did not know that he did not want to ask from anyone. The defendant led to the confession of the facts charged in the instant case concerning the purchase of a penphone between himself and Q in the investigative agency and the court of the court of the court below. In the recording between the defendant and Q, Q did not request the defendant to refer to the mediation that the defendant would introduce a penphone seller, and Q would like to purchase a penphone, and the defendant delivered Q phone to Q.