(영문) 수원지방법원 2018.01.04 2017노6950 | 리걸엔진

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(영문) 수원지방법원 2018.01.04 2017노6950

마약류관리에관한법률위반(향정)

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The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won from the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution for the violation of the Act on the Control of Narcotics, Etc. by Meculing Meculon (hereinafter “Meculon”) around May 7, 2017 through May 9, 2017, on the ground that this part of the facts charged constituted a case where the facts charged constitute a foreigner’s overseas crime and has no jurisdiction in the Republic of Korea. On November 2016, the lower court found the Defendant guilty of the violation of the Act on the Control of Narcotics, etc. by Meculon Meculon medication and sentenced the Defendant to imprisonment for one year. Since only the Defendant appealed the conviction portion and the part of the public prosecution for which the Defendant and the prosecutor did not appeal all, the scope of the judgment of the lower court is limited to the scope of the judgment.

2. Summary of reasons for appeal;

A. The Defendant was not aware of the fact that he administered a philophone on November 2016.

B. The punishment of the lower court (one year of imprisonment, additional collection) is too unreasonable.

3. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case in question, and the prosecutor applied for amendments to the indictment with the purport that "D and E together with D and D in the House of D in Suwon-si, Suwon-si, Suwon-si," in Article 1 of the indictment of this case, " from the House of D in Suwon-si, Suwon-si, Suwon-si," " from the House of D and E," was changed by this court's permission. Thus, the judgment of the court below was no longer maintained.

4. In conclusion, the guilty portion of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's misunderstanding of facts and unfair argument of sentencing, and the following is again decided after pleading.

[Grounds for the judgment to be used again] The defendant is a narcotics handler.

참조조문

-마약류 관리에 관한 법률

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