특정범죄가중처벌등에관한법률위반(향정)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for four years and for three years and six months, respectively.
evidence of seizure.
The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (four years of imprisonment) is too unreasonable.
The grounds for appeal by authority shall be examined ex officio prior to the judgment.
The lower court applied Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes to the Defendants regarding the import of 18 grams from May 13, 2016 among the facts charged in the instant case against the Defendants.
In this regard, the indictment concerning the above facts charged contains Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, the above indictment contains the importation of 18 grams on May 13, 2016, as well as the importation of 35.76 grams on May 23, 2016. The above facts charged concerning the importation of 35.76 grams on May 23, 2016 include the market price of 35.7 grams. On the other hand, according to the above facts charged about the importation of 10 grams on May 13, 2016, the market price of 18 grams is not stated on May 13, 2016, and according to Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is deemed that the market price of 10 grams is not stated on 18 grams, which is an objective concept of "the court's sentencing of 19 grams".