마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant had not administered philophones from July 16, 2018 to around the 25th day of the same month.
B. The facts charged in the instant case by misapprehending the legal principles are widely indicated in the Defendant’s date and time, place, method of medication, etc., so the facts charged cannot be deemed to have been specified.
C. Even if the Defendant’s conviction is recognized, the lower court’s imprisonment (one year of imprisonment, additional collection KRW 100,000) is too unreasonable in light of various sentencing conditions.
2. Determination on the grounds for appeal
A. 1) The lower court’s determination on the assertion of misunderstanding of facts also asserted that “the fact that a phiphone has not been administered,” but the lower court, in light of the following circumstances recognized by evidence duly admitted and investigated, determined that it is reasonable to deem that the Defendant administered a phiphone as stated in the facts charged in the instant case. The Defendant was sentenced by the Incheon District Court on May 4, 2018 to a probation for a violation of the Act on the Control of Narcotics, Etc., and to a probation for a period of 40 hours on the condition that he/she was sentenced to a suspended sentence of two years for a year (in Incheon District Court Decision 2018Da1326, May 12, 2018).
During the period of probation on May 2018, the Defendant had a voice response to the philophone composition in the dial simplified medicine examination around the period of probation, but the training reaction was found in the urine simplified medicine examination around July 25, 2018.
Accordingly, on July 25, 2018, the National Institute of Scientific Investigation requested a close inspection to the National Institute of Scientific Investigation, and on July 30, 2018, the National Institute of Scientific Investigation decided to train phiphones with the fact that philophones were detected from the Defendant’s urine on July 30, 2018.
The defendant does not have administered philophones from the investigative agency to this court, and only is a mental department and a diagnosis.