마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Two items seized (Evidence No. 1) and injections.
1. Summary of grounds for appeal;
A. 1) The police officer did not assault the police officer under any item of the judgment below with respect to a crime of obstructing the performance of special official duties as indicated in the judgment below.
2) As to the crime of violation of the Act on the Control of Narcotics, etc. in the 518 Highest Order 2015, the lower court did not have sold phiphones.
B. The punishment of the lower court (two years of imprisonment, confiscation, and collection KRW 19.50,00) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
A prosecutor has filed an application for changes in the contents of Article 369(1) and Article 366 of the Criminal Act, and the subject of the judgment was changed by this court's permission.
Therefore, the above part of the judgment of the court below is no longer maintained, and the remaining part is concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the judgment of the court below is reversed ex officio as to the whole.
However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts is still subject to a trial by this court, and the following is examined.
3. Comprehensively taking account of the witness K, L, andO’s testimony, statements in investigation agencies, field photographs, etc. of the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the Defendant’s act of assaulting police officers under each item as stated in the facts constituting a crime of obstructing the performance of special official duties in the lower judgment, and the fact that the Defendant sold phiphones to O as stated in the facts constituting a crime of violating the Act on the Control of Narcotics, Etc. in 515 High Order 2015, which was 518 High
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment of the court below is reversed and the pleading is made.