마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The seizure of articles 5 through 7 shall be confiscated.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, confiscation, collection 200,000 won) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor ex officio examined the "the defendant together with D" in the facts charged in the trial of the court below as "the defendant," and "D" as "the defendant," respectively. In collusion with D and applicable provisions in the facts charged, an application for amendment to a bill of amendment was filed to delete "Article 30 of the Criminal Act" from among "D" and "Article 30 of the Criminal Act" from among the facts charged. Since this court permitted this, the judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the judgment below is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for the alteration and deletion of the facts charged in the judgment of the court below as stated in paragraph (2) above, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited as it is pursuant
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;
1. Each of the crimes of this case on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., in light of the contents of the crime and the gravity of crimes, etc., the criminal defendant committed each of the crimes of this case without being aware of it during the period of probation, and the criminal defendant tried to present a non-cooperative attitude in the course of investigation and destroy evidence.