마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
2,183,00 won from the defendant.
1. Summary of grounds for appeal;
A. Fact-misunderstanding Defendant did not purchase approximately KRW 5g 1.4 million from M on August 25, 2016.
0.5g only purchased 250,000 won.
The Criminal facts No. 2 in the decision of the second trial is that the mistake of facts is affected by the judgment.
B. Each sentence (one year of imprisonment and additional collection of KRW 483,00; 6 months of imprisonment and additional collection of KRW 1.7 million) determined by the court of the original instance which was unfair in sentencing is unreasonable.
2. We agree with the reasoning of the lower court’s judgment that found the Defendant guilty, as stated in the judgment of the second instance judgment, in light of the evidence duly adopted and examined, including the testimony of the witness M at the trial court as well as the legal statement of the witness at the trial.
The argument that there is a mistake of facts that affected the judgment of the court below is not accepted.
We examine ex officio prior to the judgment on the illegality of ex officio sentencing.
The defendant respectively filed an appeal against the judgment of the court of first and second instance, and the court of the first instance decided to consolidate the appeal cases.
Each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act.
Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.
Therefore, the judgment of the court below can no longer be maintained.
3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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