마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
9,900,000 won from the defendant.
1. Summary of grounds for appeal;
A. Regarding the misapprehension of the legal principle as to attempted to arrange the sale and purchase of merspules (hereinafter “prophones”), this is based on inducing the Defendant by purchasing false merspules with the purpose of arresting the Defendant in cooperation with the investigation agency by K under investigation by the investigation agency. Thus, this part of the indictment is null and void, as it constitutes an illegal naval investigation induced by the investigation agency.
B. The sentence (the first instance court: imprisonment with prison labor for 1 year and 10 months, additional collection, the second instance court: imprisonment with prison labor for 1 year, confiscation, and additional collection) imposed on the accused by the original court is too unreasonable.
2. We examine ex officio judgment, and the judgment of the court below that the defendant appealed together with the judgment of the court of appeal. The judgment of the court of first and second instances all are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the above facts constituting a crime should be judged at the same time in accordance with Article 38 of the Criminal Act and sentenced to one sentence. In this regard, the judgment of the court below cannot be maintained any more
However, even if there are such reasons for ex officio reversal, the defendant's above argument of legal principles is still subject to the judgment of this court.
3. Judgment on the Defendant’s assertion of misapprehension of legal principles
A. The summary of the facts charged is that the Defendant is not a narcotics handler, upon K’s request on March 6, 2012, at around 16:51, and the same month.
7. At around 06:00, N sent approximately 19.4 g of Handphone in a document plastic bag to a dong-high speed bus terminal in Dong-gu high-speed bus terminal. After checking N's arrival date and time of arrival, invoice number, etc., it was notified to K. However, at around 1:20 of the same day, N attempted to arrange the trade of K and N's phiphone because the above phiphone was seized to the investigators belonging to the Gu's Office of Public Prosecutor's Office of Government that was diving in the above Seoul High-speed bus terminal, but it was intended to arrange the trade of K and N's phiphone because the phiphone was seized.