마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Five injections (No. 6) which have been seized.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment, confiscation, and surcharge 200,00 won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records first examine the following facts: (a) Mestopian 0.01g (Evidence No. 1); (b) Mestopian 0.04g (Evidence No. 2); (c) Mestopian 0.13g (Evidence No. 3); (d) Mestopian 0.2g (Evidence No. 4); and (e) Mestopian 0.12g (Evidence No. 5) ; and (b) Mestopian 0.12g (Evidence No. 5) ; (c) Mestopian 5’s appraisal request was made to the National Scientific Research Institute; and (d) the court below rendered a sentence of forfeiture to the above seized articles which have already been destroyed and remain. Thus, the judgment of the court below erred by
(2) The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below is reversed in accordance with Article 364(2) and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and Articles 60 (1) 2, 4 (1), and 2
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. As to the sum of 0.52g of the cspacters confiscated among approximately 0.65g of cactphones purchased on January 10, 2014 by the Defendant under the proviso to Article 67 of the Act on the Control of Narcotics, etc.