마약류관리에관한법률위반(대마)
Defendant
All appeals filed by B and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (one year and six months) against Defendant B is too unreasonable.
B. Although the prosecutor’s appeal on July 10, 2014 stated “the fact-finding and unfair sentencing” on the grounds for appeal in the prosecutor’s petition of appeal on July 10, 2014, the appellate brief on August 18, 2014 does not state any grounds for appeal as to the allegation of unfair sentencing, and thus, it does not determine the above allegation of unfair sentencing.
Defendant
In light of the following: (a) there is no special circumstance to believe the confession statement in the investigation agency B; (b) Defendant A confessioned to the effect that Defendant A received KRW 350,000 from the sales proceeds of marijuana; and (c) all the Defendants conspired to sell and sell marijuana and distribute the sales proceeds thereof; and (c) the lower court found the Defendant not guilty of this part of the facts charged without recognizing it, in so determining, it erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. Determination on the grounds for appeal
A. As to the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the following circumstances acknowledged by the lower court and the court’s duly adopted and investigated: (i) Defendant B, at the police and the prosecutor’s office, stated in the police and the prosecutor’s office that “the quality of marijuana produced by the A was not good, and was sold to AF, and the AF was not sold, and KRW 3.50,000 won was not sold as the AF was not dead; and (ii) Defendant B was dead to conduct a business with A and B. The said marijuana was included in the calculation of the tax base to the head line of Q Q Q’s car, which was included in the calculation of the tax base of the narcotics Act (hereinafter “Narcotic Control Act”).
)Violation (no confession has been made for the mariana crime) (2) The Defendant A gave 20g marijuana to the Defendant B from the investigative agency to the trial of the case, and if the Defendant B sells the said marijuana, it divided the sales proceeds into one half.