마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (5,000,000 won) is too unfased.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
The court below held that the crime stated in Article 61 (3), Article 61 (1) 5, Article 4 (1) 1, and Article 2 subparagraph 3 (d) of the Narcotics Control Act is applied only to the attempted sale through a stroke m, and the "Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (c) of the Narcotics Control Act" as to the attempted sale through a stroke m is omitted. Thus, the court below erred by misapprehending the law and thereby affecting the conclusion of the judgment.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 61 (1) 5, Article 4 (1) 1, subparagraph 3 (d) of Article 2, Article 61 (3), Article 61 (1) 5, Article 4 (1) 1, and Article 61 (1) 3 (d) of the Narcotics Control Act, Article 4 (1) 1, subparagraph 3 (d) of Article 2, Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (c) of the Narcotics Control Act (the fact that a person attempts to sell a stroke m), and Article 2 subparagraph 3 (c) (the fact that a person sells a stroke mm) of the Act on the Management of Narcotics, Etc.;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Collection of narcotics;