마약류관리에관한법률위반(마약)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
2,000,000 won shall be additionally collected from the defendant.
3.2
The summary of the grounds for appeal (unfair punishment) sentenced by the court below (limited to four years of imprisonment, additional collection of two million won) is too unreasonable.
Before the judgment on the grounds for the ex officio appeal following the amendment of the indictment, the prosecutor examined the reasons for the appeal ex officio, and the prosecutor applied for the amendment of the indictment to the effect that "3.28g, ls, 33.28g, lsD 207, 87.6g, philopon 6.28g" imported from among the facts charged in the crime of "import of narcotics around February 22, 2019," which was stated in the judgment of the court below, was changed to "14.93g, 14.93g, lsD 12, lsD 208, 0.8g, 0.8g, 107.4g, 107.4g, and 6.28gg, philopon."
On the other hand, since the court below sentenced a single punishment by deeming that the above part and the remaining crimes recognized as guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment below was no longer maintained in its entirety.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is again ruled as follows after pleading.
【The reason for the judgment of the court below which was accepted by this court in light of the facts of the crime and the summary of the evidence is as follows: “The facts of the crime alleged in the judgment of the court below are as follows: “1.28g, lsd 33.28g, lsd 12, MaMA 207, MaMA 87.6g, Zphone 6.28g, Zphone 14.93g, lsd 12, lsd 12, MaMA 208, MaMA 0.89g, Kenya 107.45g, Rophone 6.28g, Rophoned 6.28g,” except for the addition of “the first trial statement of the defendant (the second trial date)” in the summary of the evidence as stated in the judgment of the court below, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of importing co-cars for criminal facts: Articles 58(1)1 and 4(1)1 of the Narcotics Control Act, Article 30 of the Criminal Act.