마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
17,996,00 won shall be collected from the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the penalty of KRW 17,882,00 in imprisonment for a period of three years and six months, additional collection of KRW 17,882,00) is too unreasonable.
B. Prosecutor 1) The lower court acquitted the Defendant of the fact that: (a) in the facts charged by 2016 Go-man 1329 on September 2015, 2015, the delivery of philophones to C free of charge; and (b) the sale of philophones to D on January 8, 2016.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
With regard to the order of 2016 Goon 1329, a prosecutor filed an application for permission to change the part of the facts charged on the issuance of phiphones to D without compensation from September 2015 to October 2015, and the part of the facts charged on the sale of phiphones to D around January 8, 2016, which read “D delivered KRW 250,000 to D in cash and sold approximately 0.15 g of phiphones” to read “D issued approximately 0.15 g of phiphones without compensation.”
By this court's permission, the corresponding part of the judgment of the court below is changed to the subject of the judgment, and thus it is no longer able to maintain it.
B. This part of the charges modified by the lower court is a concurrent crime under the former part of Article 37 of the Criminal Act with the remaining facts charged that the lower court found guilty. As such, the lower court’s judgment should be reversed in its entirety.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are stated in this judgment. The summary of the facts charged in the crime [2016 order 1329] part of the crime is stated in the annexed list of crimes.