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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence 2, 4 through 8, 10, 13 through 16, 19, 19.
Reasons
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment and four years of suspended execution) is too unhued and unreasonable;
2. We examine ex officio determination as to whether the annexed crime list ① 86 to 88, 94 to 97, 110, 113, 124, 141, 162, 176, 178, 184 through 186, 189, 191, 195, and 198, and the annexed table Nos. 1, 9, and 21 of the annexed table for narcotics, etc., fall under temporary narcotics under Article 2 subparagraph 3 (a) of the Narcotics Control Act.
In light of the records, it is difficult to view that nitrok alky’s ingredients, are substances equivalent to psychotropic drugs under Article 2 subparag. 3(a) of the above Act.
Therefore, it is null and void because it is beyond the scope delegated by the mother law to classify Alkyer from No. 2014-369 of the Ministry of Food and Drug Notice No. 56 of the Ministry of Food and Drug Safety to temporary psychotropic drugs under Article 2 subparag. 3 (a) of the above Act. Thus, this part of the facts charged to which Article 2 subparag. 3 (a) of the above
Therefore, this part of the judgment of the court of first instance is erroneous in the misapprehension of legal principles that affected the conclusion of the judgment.
3. If so, the judgment of the court of first instance on the violation of the Act on the Control of Narcotics, etc. (fluence No. 1, 9, 21 and 88, 94 through 97, 110, 113, 124, 141, 162, 176, 178, 184 through 186, 189, 191, 195, 198, and attached Table No. 1, 9, 21 of the Act on the Control of Narcotics, etc. (fluences) due to possession of the object of sale of eluenethic nitroethylthn, in the judgment of the court of first instance, has a ground for ex officio reversal, and this part is concurrent with the remaining part of Article 37 of the Criminal Act, and thus, one punishment shall be reversed by the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act without the prosecutor’s judgment on the grounds of unfair sentencing.
Re-use.