마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
7,202,00 won shall be additionally collected from the defendant.
(e).
1. Summary of grounds for appeal;
A. It is difficult to view that the Defendant intended to receive or attempted misunderstanding of facts and the amount of philophones depends on 190.2g, as stated in paragraph (2) of the crime in the judgment below, with regard to the attempted receipt or attempted receipt of philophones.
In addition, in relation to the escape after the death of occupational negligence and the unmeasures after the accident, the defendant presented the driver's license to the husband, etc. of the victim M immediately after the accident in this case, and notified the phone number to the towing vehicle, and made his best efforts to manage the accident. At that time, the police requested the rest of the defendant before arrival at the scene of the accident and went away from the scene of the accident, and the defendant did not leave the scene of the accident due to the criminal intent of escape.
B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below with respect to attempted delivery of phiphones, namely, the Defendant: (a) led to the confession of this part of the crime at the prosecutor’s office and the court below’s court; (b) at the time when the phiphones offered to commit the crime at the Incheon Customs were discovered, the weight of the phiphones was confirmed to 190.2g; (c) the discovered phiphones requested appraisal of 1.01g out of 190.2g of 190; (d) the co-offender was in response to the training of Mesophstys; (e) around December 27, 2011 at the request of A, around 21:15, the Defendant attempted to receive the boxes of psychotropic drugs from G and 190.2g of 190,000, which were sent to the Incheon Customs Office, but did not discover it to the Incheon District Prosecutors’ office, and (e) attempted to commit the crime of 215,215 years.