마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant: The punishment sentenced by the lower court (the first instance court: imprisonment of 10 months, confiscation, additional collection of 749,200 won, the second instance court: imprisonment of 10 months, and additional collection of 50,000 won) is too unreasonable.
B. Prosecutor: The sentence sentenced to the first instance judgment for sentencing is too unreasonable.
2. The appellate court decided to hold a joint hearing of each appeal case on the first and second appeal cases against the defendant.
In addition, the prosecutor applied for the modification of the indictment and the name of the crime, and the modification of the indictment with respect to the violation of the Act on the Control of Narcotics, Etc. (not guilty portion of the lower court) due to the end of March, 2016 and the net medication on April 2016 (not guilty portion of the lower court) at the trial, and the modification of the indictment with respect to the modification of the applicable legal provisions, and the subject of the judgment was changed by this court.
The above crime is a concurrent crime between the remaining crimes in the judgment of the first instance court and the second instance court, and the crimes in the former part of Article 37 of the Criminal Act and the concurrent crimes in the judgment of the second instance. As such, the first and second judgment of the court below cannot be maintained any more.
3. If so, the judgment of the court below Nos. 1 and 2 is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
【The part of the judgment which is used again] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are the same as the relevant column of the judgment of KRW 1 and KRW 2 except for the addition of the following contents. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The following contents shall be added to the crime of the first instance court.
3. The Defendant violated the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, Etc., purchased marijuana from N at the same time and place as prescribed in paragraph 1(e) of the same Article, and thereafter, purchased it from N, the EX MMA (the “one-person,” X-si,” which is a local mental medicine.