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(영문) 서울고등법원 2017.04.13 2016노4134
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one year and two months of imprisonment, and additional collection) is unfair because it is too large (the defendant, on the grounds of appeal, only took over the penphones and marijuana from E from the date and place specified in paragraph (2) of the facts constituting the crime of the court below as the grounds for appeal, and did not purchase it, the court below erred by misapprehending the facts, thereby purchasing phiphones and marijuana from E.

It also argued that the decision was wrong.

As examined below, since the indictment was modified in line with the Defendant’s argument, the reasons for the above appeal by the Defendant on mistake of facts do not need to be examined further. The prosecutor ex officio judgment applied for the amendment of the indictment with the purport that the Defendant purchased the part concerning the crime No. 2 of the judgment of the court below in the indictment against the Defendant in the case of the Defendant’s purchase of penphones and hemps in KRW 200,000,000 from E, and the Defendant applied for the amendment of the indictment with the purport that he was issued with phiphones and hemps without compensation from E, and since the judgment of the court below was modified by permitting it, the judgment below

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows. [The defendant alleged to the effect that the act of medication or smoking of philophones and marijuana received from E constitutes one crime, but the defendant's above assertion is accepted, since the defendant's violation of the Act on the Control of Narcotics, etc. by Handphones, violation of the Act on the Control of Narcotics, etc. by Handphones, violation of the Act on the Control of Narcotics, etc. by Handphones, violation of the Act on the Control of Narcotics, etc. by Narcotics, and violation of the Act on the Control of Narcotics, etc. by Narcotics, are in a substantive competition relationship.

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