마약류관리에관한법률위반(향정)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
The seized philophone 0.71g original 0.0
1. Summary of grounds for appeal;
A. The part 3 through 5 of the facts constituting the crime in the judgment of the court below in misunderstanding of facts (hereinafter "the denied part of this case") in the judgment of the court below is that U made a false statement at the investigative agency, and in fact there was no fact that the defendant sold the Metecopty (hereinafter "Mecopon"), such as the part of the denial of this case, to U.S., the court below found the Defendant guilty of the denied part of this case in whole, and there was an
B. Each sentence (the first instance court: the imprisonment of 1 year and 2 months, confiscation, additional collection, and the second instance court; the imprisonment of 1 year and 6 months and additional collection; and the third instance court: the imprisonment of 2 years and 4 months and additional collection) imposed on the accused by each court of unfair sentencing is too unreasonable and unfair.
2. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second and third instances, and on the other hand, each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment where a concurrent crime is severe under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance cannot be exempted from all reversal.
However, even if there is a reason to reverse ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in paragraph (3) below.
3. According to the Defendant’s reply to the fact-finding based on the result of the fact-finding by the court of the first instance on the Defendant’s assertion on the mistake of facts, the Defendant was hospitalized in the Indian University Shipping Hospital from July 30, 2013 to August 13, 2013, and there was no record of departure during the above period. However, the following circumstances, i.e., U., U. witness and T’s legal statement and the evidence duly adopted and investigated by the court below, are acknowledged.