Time to commence the manufacture of Meaampia (tentativehyhyhhyhyh)

It can not be seen that there was a commencement of the manufacture of Mespathy Mespathy, which only purchased and possessed Mespathy Mespathy, a damp drug, and the manufacture of Mespathy.

Article 25 of the Criminal Act

A

Seoul District Court (77Gohap403)

Supreme Court Decision 7Da403 Delivered on July 20, 197

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The sixty-five days of detention days before the sentence of the original judgment shall be included in the original sentence.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The seized evidence Nos. 4 and 5 (1kifl inc. 1kikis) shall be confiscated from the defendant.

Of the facts charged in the instant case, innocence is found to have been found guilty of violating the damp Medicines Management Act.

The summary of the grounds for appeal by the defendant's defense counsel is as follows: First, the defendant did not have commenced the implementation of manufacturing Mata-cacacacacaca (tentatively called Macacacacacacin) among the facts charged in this case, and even if the implementation of the family affairs was commenced, the defendant purchased Macacacacacacacacacacin and tried to manufacture the above Macacacacacacacacacacacacs, but it is impossible to make the above Macacacin as Macacacin, so this does not constitute an impossible crime, and there is no crime of misconception of facts that could affect the judgment, and second, the judgment of the court below is unfair because the sentence imposed by the defendant

First, according to the first point of appeal: (a) according to the statement of witness B and C such as the prosecutor’s protocol, the defendant purchased the above Mata-cacacacacin 1.5§¯ (in the indictment, only e.g., e., e., 109) and the witness D in the trial prior to remand, according to the examination report of the Director of the National Health Institute of Korea (109 am.) and the examination report of the witness D in the trial prior to remand, it is possible to find the fact that the defendant possessed some of the defendant, or that the above Macacacaca in which the defendant had each of the above Macacacacacacacacacacs, and thus, the defendant purchased the finished product in the first place to manufacture the above Macacacacacacs, and thus, there is no evidence to find the defendant's attempt to send it in the first trial court of 10 am or Macacacacacac.

(A) Even if the defendant, as such, put a ice crypt, etc. in a ice cryp and other industrial medicine to manufacture cryp mulberry, added the ice cryp and added the heat of 80 to 90 degrees east, it can be recognized that the defendant cannot manufacture cryp by such method according to the protocol of examination of witness as to the witness D in the trial prior to remand and the results of appraisal by expert witnesses G at the trial prior to remand, and it is not recognized that such act is dangerous, and thus, it cannot be said that the crime is established).

Therefore, it cannot be deemed that there was the commencement of the execution to manufacture Metea Pacosin, which is a damp medicine, only with the fact that the defendant purchased and possessed such Mebloids, and the judgment of the court below which found the defendant guilty was erroneous in the misapprehension of facts affecting the judgment, since the defendant's appeal is without merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the decision of the court below is reversed and a member is decided again after pleading.

Criminal facts

On January 25, 1975, the Defendant sold the same E and F (this is bound with the Defendant on January 25, 1975, and is judged to have been in custody with the Defendant on the charge of violating the Meditable Drugs Management Act) and the above goods, and there is a mutual solicitation that the Defendant shall distribute the remainder to the above E and F, and the Defendant shall enter the 500 m3 of the above drugs to the above E at the Ida located in Incheon City on May 10, 197, at around 200:0, at around 16:00 of the same month, and at around 500,000 won of the above drugs to obtain 500 m3 of the above drugs from the Defendant’s office located in Dongdaemun-gu, Seoul, to obtain 500 m3 of the above drugs, and then deliver them to the same E and then obtain 500 m2 of the above drugs to the same m2, 1300 m2, and then possess the same m2.

Summary of Evidence

The above findings of the judgment

1. Each statement to the effect that it conforms to part of the facts set forth in the original trial court of the defendant and the defendant E and F;

1. Among each protocol of examination of suspect as to the accused and the accused, E, and F of the public prosecutor’s protocol, each statement consistent with the facts as indicated in the ruling;

1. The portion of each statement that conforms to the facts indicated in the judgment among the statement of witness D and K with respect to the preparation of the public prosecutor;

1. Entry of each protocol of seizure prepared by public prosecutor, which conforms to the facts indicated therein;

1. In full view of the existence, etc. of seized evidence under subparagraphs 4 and 5, such evidence is sufficient;

applicable provisions

The court below's decision on the defendant's above falls under Articles 352, 347 (1), and 30 of the Criminal Act, and the defendant's choice of imprisonment during the prescribed term and the defendant's imprisonment within the term of imprisonment shall be included in the above term of imprisonment within one year and six months. According to Article 57 of the same Act, 65 days during the period of detention before the court below's decision shall be included in the above term of imprisonment. However, since the defendant has a reason to take into account the circumstances, under Article 62 of the same Act, the execution of the above term of imprisonment shall be suspended for three years from the day when the decision became final and conclusive in accordance with Article 62 of the same Act, and the seized evidence Nos. 4 and 5 (1) (1,000,000,000) shall be a thing provided for the crime of this case, and therefore, it shall be confiscated from the defendant under

From May 1976 to October 1976, the Defendant: (a) had access to the Southern City Library; (b) had conducted research on the manufacturing method of the Metamine; and (c) had 300,00 won from September 197 to October 30, 197; and (d) had purchased 1.5 km in the Eimite which is necessary for manufacturing the amaciciciciation by using Dongin; and (b) had the ice 4 at the top of the chemical and medical appliances located in the amacition in Seoul, for the purpose of manufacturing the mulberry; (c) had no evidence to acknowledge the Defendant’s use of the ice 1.5 cm from around 197 to 197, such as ice ice 1,000 to 30,000 from the upper part of the charges as stated in the latter part of the Criminal Procedure Act; and (d) had no evidence of the Defendant’s use of the amaciciciciologic, etc.

It is so decided as per Disposition with the above reasons.

Judges Kim Jong-sik (Presiding Judge) and Kim Jong-sung only