마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
The judgment below
"450,000 won" in the disposition shall be corrected to "400,000 won" in "400,000
1. Summary of grounds for appeal;
A. Although the Defendant, by the request of E, was aware of the fact that the Defendant received a written phone from D and delivered it to E, the Defendant was unaware of the fact that the goods to be delivered at the time were written phone.
B. The punishment sentenced by the lower court (the imprisonment of April, August, and additional collection of KRW 450,00) is too unreasonable.
2. Judgment on the grounds for appeal
A. In full view of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the lower court’s determination that recognized the credibility of the statement made by D and E, which are evidence consistent with the facts charged of this case, is not acceptable and sufficient and acceptable.
It is difficult to see that the defendant was guilty of the facts charged because it is sufficiently recognized that the article was a penphone at the time when he gets a penphone from D and delivered it to E as stated in the facts charged in this case. Thus, the court below's finding the guilty of the facts charged is justified and there is an error of law due to omission of facts.
shall not be deemed to exist.
Therefore, the defendant's assertion is not accepted.
B. In light of the fact that the Defendant’s health is not good, and that the Defendant’s joint purchase of philophones is suspected of being administered and possessed, and that the crime of purchase of philophones is in a concurrent relationship with the crime of violation of the Narcotics Control Act (fence) for which a judgment of suspension of execution has become final and conclusive, and the crime of joint purchase of philophones is in a concurrent relationship with the latter part of Article 37 of the Criminal Act. However, each of the crimes of this case is a crime committed during the appellate trial of the above final and conclusive judgment or during the period of suspension of execution by the said judgment, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment, and it
Therefore, the defendant's assertion on this part is accepted.