마약류관리에관한법률위반(향정)
Each judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
seized 1.05g (Evidence No. 1), .
1. The summary of the grounds for appeal (in the first instance judgment: Imprisonment with prison labor for a year and six months, confiscation, additional collection of KRW 650,00, and KRW 2: Imprisonment for a year and six months, and KRW 166,00 for additional collection of KRW 16,00) that each of the original judgments rendered on the accused is too unreasonable.
2. Ex officio determination
A. The first, second, and second judgments were rendered ex officio in relation to the decision to consolidate the pleadings, and the defendant filed an appeal against all the above decisions, and the court decided to consolidate each of the above appeals cases.
Each of the crimes in the first and second judgment against the defendant shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, each of the above judgment below cannot be maintained any more.
B. As to the criminal facts set forth in Article 1 of the judgment of the first instance court, the first instance court, ex officio, administered the Defendant at the Defendant’s home located in Busan Franchi C on December 3, 2014, using approximately 0.05g g of crypon (hereinafter “copon”) to be delivered to beer, at the Defendant’s home located in Busan Franchi C on December 3, 2014.
“In regard to the facts charged, the evidence supporting the Defendant’s confession, citing “A reply to a request for appraisal with the State” (Evidence No. 207 of the Evidence Records).
In this regard, the content of the above “A reply to the request for appraisal by the State and water” is that the Defendant submitted around April 15, 2015 at least four (4) months after the Defendant’s indictment was administered a phiphone, and the Defendant’s 20-23 cm length maternity, which was submitted around April 15, 2015, did not clearly indicate the part of this mother, and was tested by the National Scientific Investigation Agency (hereinafter “State and water”), and as a result, there was a response to the “training” of the Mepta.
However, although there are differences depending on the individual's age, gender, race, nutritional condition, and the individual's population, the mother is considered to have been 1 cm in the average month.