마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
heading 1, 2, 3, 5, and 6, respectively, of seized evidence.
1. The decision of the court below on the summary of the reasons for appeal (a punishment of imprisonment of three years, confiscation, collection 200,000 won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined the case ex officio prior to the judgment on the grounds for appeal by the defendant, and the prosecutor applied for the amendment of the indictment to add "Article 59 (1) 5, Article 3 subparagraph 5, and Article 2 subparagraph 3 (a) of the Narcotics Control Act" to "Article 59 (1) 5, Article 3 subparagraph 5, and Article 2 subparagraph 3 (a) of the Act.
Accordingly, the court below's judgment is no longer maintained since the defendant's remaining crimes are concurrent crimes between the revised facts charged and the facts charged, and the facts charged, and the former part of Article 37 of the Criminal Code.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the modification of Paragraph 2 of the facts charged, and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act inasmuch as the facts charged are stated in the corresponding column of the judgment below.
2. On November 24, 2015, at the E civil petitioner parking lot located in Ulsan-gun, Ulsan-gun, the Defendant, carrying a penphone and marijuana, carrying approximately 1.68gh, synthetic marijuana, approximately 1.75g, and approximately 0.66g, in a form of storage in the Defendant’s bank and on his/her wall bags, carried the penphone and marijuana with a view to selling synthetic marijuana.
Application of Statutes
1. Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) (the point of possession of synthetic marijuana for the purpose of sale) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and Article 59(1) of the Narcotics, etc. Act on the Control of Narcotics, etc.