마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
50,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. Although the Defendant had met C, there is no fact that the Defendant sold Mesphere to C.
B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, namely, (1) C has consistently made a statement from the investigative agency to the court of the court below regarding the timing and method of purchasing the Mestopphone (hereinafter referred to as "Mespphone") from the defendant; (2) the defendant has made a false statement to protect the upper line; (3) although C has made a false statement to protect the upper line, C has expressed the fact that the upper line is J; (4) in the prosecutor's office, made a confession that he/she purchased the Mespphone from the person in charge of the prosecution investigation; (3) has sent a letter to the prosecutor in charge, who was under the prosecution investigation, and purchased the Mespphone, so C has purchased the Mespphone from the defendant; (4) has consistently made a statement that he/she purchased the Mespphone from the defendant until the court of the court of the court below, and (5) has no special reason to recognize the fact that the Defendant purchased the Mespphone from the prison (C).
Therefore, the defendant's assertion of mistake is without merit.
B. As to the prosecutor’s assertion of unfair sentencing, in light of the fact that the Defendant was sentenced twice to two times of punishment for a crime related to narcotics, and that the amount of the sold penphones is not significant, the lower court’s sentence is too uneasible.