마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
The crimes of the first and second crimes as set forth in the judgment of the defendant shall be punished by imprisonment with prison labor for not less than one year and ten months, and the decision No. 3.
1. Summary of grounds for appeal;
A. As to the possession of misunderstanding of facts, the Defendant’s use of an injection device to administer philophones, and then kept water as soon as possible in the injection machine, or did not keep the philophones dilution amount in the injection machine for philophones.
In addition, as to the threat of dangerous weapon carrying, the defendant only attempted to flee from a passenger car and did not threaten victims with a passenger car, and the free soldier is merely a defense.
Nevertheless, the judgment of the court below which found the whole facts charged guilty is erroneous in misconception of facts.
B. The lower court’s sentencing (two years of imprisonment and ten months of imprisonment) is too unreasonable.
2. Determination
A. Determination 1 on each of the crimes listed in Articles 1 and 2 of the holding 1 and 2 : (a) prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor applied for the amendment of a bill of indictment to change the existing facts charged with possession of phiphones into the following contents: (b) since the subject of the judgment by this court was changed by permission, the judgment of the court below on each of the crimes listed in Articles 1 and 2 in concurrent crimes with the above crime is no longer maintained. The defendant found a vinyl paper containing 6.96 g (on May 2012, 200, she found it on the back of the first place of H in Changwon-si, Changwon-si, Haon-si, Hadon-si, and found it thereafter, until June 16:20, 2013, the changed act of the defendant was carried with phiphones until phiphonephones are consumed or possessed by the vehicle, etc.