마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. 1) On August 22, 2016, the Defendant, on August 22, 2016, sold and administered phiphones, i.e., the Defendant, on August 22, 2016, sent 0.3g of phiphones to D on August 22, 2016, but wrophones free of charge.
There is no fact that philophones have been administered.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
2) On August 23, 2016, the Defendant: (a) sold and administered phiphones; (b) on August 23, 2016, on August 23, 2016, the Defendant did not receive KRW 0.5g phiphones from D and, in return, did not receive KRW 60-7 million in cash.
There is no fact that philophones have been administered.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
B. The punishment of the lower court (two years and six months of imprisonment, additional collection of 1.2 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, the Defendant’s assertion of misunderstanding of facts is rejected, on August 22, 2016 and December 23, 2016, as indicated in this part of the facts charged, on the grounds that the Defendant sold phiphones to D twice and administered phiphones twice as indicated in the facts charged.
① On April 9, 2018, D came to the prosecution on August 22, 2016 by the Defendant’s phone and leaving the Defendant’s house located in the original city.
At the defendant's home, 0.3g philophones were dried and administered philophones. The defendant administered philophones with philophones.
Since then, the defendant moved to the telephones in the nearest area, and then withdrawn cash of 300,000 won from the cash withdrawal machine in the nearest area to the defendant as the price for the telephones.
On the following day, the defendant found the telephone and 0.5g philophones, administered the philophones together, and 600,000 in cash at the cash withdrawal machine in the nearest location.