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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
seizure.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (related to the case of 2019 Highest 2444), the lower court determined as follows: (a) the facts charged in the case of 2019 Highest 2444 (hereinafter “instant facts charged”).
In relation to the case, on April 24, 2020, the Prosecutor rendered a decision to grant permission to amend the Bill of Indictment on April 17, 2020 (hereinafter “decision to grant the instant permission”) on April 16, 202.
(2) The Defendant did not purchase approximately five grams of psychotropic drugs, as stated in the previous facts charged or the revised facts charged, since the above application for changes in indictment is without the identity of the factual basis between the previous facts charged and the previous facts charged. (2) The Defendant did not purchase approximately five grams of psychotropic drugs, as indicated in the previous facts charged or the revised facts charged.
B. The lower court’s imprisonment (three years of imprisonment, confiscation, and collection) against the Defendant is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. 1) Determination as to the legitimacy of the instant permit decision is permitted only to the extent recognized as identical to the facts charged, and where there exists an application for modification of a indictment to the effect that the indictment is added to or altered as the facts charged, the court shall dismiss the application for modification of the indictment (Article 298(1) of the Criminal Procedure Act). The identity of the facts charged is maintained as it is if the social factual relations, which form the basis of the facts, are the same in basic respect. However, in determining the identity of such basic factual relations, the Defendant’s act and the social factual relations are based on the function of the identity of the facts, and the normative elements should also be taken into account (see, e.g., Supreme Court Decision 2010Do3092, Apr. 29, 2010).