마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Although an appeal was filed against the judgment of the court of first instance, the main sentence is about the principal sentence.
1. The sentence imposed by the court below on the defendant (one year of imprisonment, confiscation and collection) is too unreasonable.
2. In the event that any seized article remains or any seized article is already discarded pursuant to Articles 130(2), 130(3), and 219 of the Criminal Procedure Act at the time the judgment ex officio is rendered, the court may not render a sentence to confiscate such article (see, e.g., Supreme Court Decisions 2009Do6982, Jan. 28, 2010; 2012Do4182, Jun. 14, 2012). In light of the foregoing legal principles, the health unit as to the instant case; the lower court: (a) discovered from the main body of the main body owned by the Defendant (Evidence No. 48 pages of evidence record); and (b) declared confiscation as to the solid body of 0.12g (Evidence No. 2); (c) based on the records, the lower court erred by misapprehending the legal principles as to evidence consumed by the Busan Investigative Research Institute prior to the pronouncement of the lower judgment.
I see that it is.
Therefore, the judgment of the court below cannot be reversed.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Prosecution Investigation Report (related to the Claim for Additional Imposition Charges and Collection Preservation Order)” to the “a summary of evidence” column of the sentence 2 of the judgment of the court below, the summary of the facts charged and the evidence is identical to each corresponding column of the judgment of the court below; and (b) thus, they are cited pursuant to Article 369
Application of Statutes
1. Article 60(1)2, Article 4(1)1, and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.