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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty, although the defendant could fully recognize that he purchased 2g of synthetic marijuana, psychotropic drugs, as stated in the facts charged, and inhaled them. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case is a fish trainee of the Vietnam National University.
1. On March 4, 2019, the Defendant ordered D to sell narcotics, etc. to Vietnames in the neighboring area, using a chranchissen, in a chronic dormitory of B University Lynam located in Sinpo City, B, as the base for the mountain area. On March 6, 2019, around March 6, 2019, the Defendant received approximately 2g of the synthetic marijuana sent by D from the instant dormitory, and remitted KRW 200,000 to a bank account (F) in the name of “E” designated by D.
Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded synthetic marijuana containing the psychotropic drugs JWH-018 and the AMB-FUINAA composition.
2. The Defendant, from March 22, 2019 to the following day, smoked on a tobacco paper among several occasions, approximately 2g of the synthetic marijuana purchased at the head of her natives located in a building number not exceeding Daegu.
Accordingly, even if the Defendant is not a person handling narcotics, the Defendant smoked and used synthetic marijuana containing the psychotropic drugs JWH-018 and its similar body.
B. The lower court found the Defendant not guilty on the ground that the evidence presented by the prosecutor alone was insufficient to recognize that the instant facts charged were proven without any reasonable doubt.
C. The judgment of the court below and the evidence duly admitted and examined by the court below are as follows.