마약류관리에관한법률위반(향정)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
(2).
1. Summary of grounds for appeal;
A. Defendant A1’s erroneous determination of facts merely dealt with substances with the name of the goods “SphS” and did not know that they contain JWH-018 prescribed in the Narcotics Control Act, etc., and in fact, it is not confirmed whether the materials handled by the Defendant contain JWH-018. Nevertheless, the judgment of the court below which found the Defendant guilty of the receipt and use of psychotropic drugs against the Defendant solely with the fact that the Defendant merely received and smoked a SphS.
In relation to the facts constituting an offense of this paragraph, the Defendant’s receipt of ice 3g from AC and smoking each of them is an act committed at the same place, etc. between 3 hours per the same day and 3 hours per day, and such an act shall be deemed an inclusive act by a single intention.
3) The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, forfeiture of No. 2, additional collection 560,000 won) is too unreasonable. (B) Defendant B (1) of the lower judgment of erroneous determination of facts.
In relation to the facts of the crime of the port, the Defendant knew on May 10, 2013 that he had been the hemp at the time of smoking the Sphas, and did not know what the Sphas are.
2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, three years of suspended sentence, three years of probation, 40 hours of the Narcotics Treatment Manual, additional collection of 490,000 won) is too unreasonable. C. Defendant F and G court’s sentence imposed on the Defendants (each fine of three million won, additional collection of 50,000 won) are too unreasonable.
2. Determination
A. As to the allegation of misunderstanding of facts regarding Defendant A’s grounds for appeal, Article 2 subparag. 3 of the Narcotics Control Act (hereinafter “Psychotropic Drugs Control Act”) recognizes that “psychotropic drugs” may act on the human key system and may, if misused or abused it, cause serious harm to the human body.