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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
A seized white paper shall be spotd.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years and six months of imprisonment and confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment with the content that “JWH-018 (one sect, one sect, two sect, and one sect, two psychotropic drug (one sect; hereinafter “sect”)” among the facts constituting an offense at the trial, is changed to psychotropic drug “J-2201 and JWH-122 (one sect, one sect, and two sect, one sect; hereinafter “sect”). Since this Court permitted this, the lower judgment was no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: “The facts charged and the summary of the evidence are as follows: “The JW-018 (one Switzerland; hereinafter referred to as “Ssphphphphph”) psychotropic drug” in the second 7 and 8 line of the judgment below, “JW-201, JWH-122 (one sphphphs; hereinafter referred to as “Sphphphphphphs”),” “the results of the 3 pages of the same 19 line,” and “the results of the 3 pages of the 19 line,” and “the results of the 3 pages of the 19 assessment,” and “the results of the 3rd 19 EW-122 related data attached”),” are as stated in each corresponding column of the Criminal Procedure Act, and thus, this shall be invoked as is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) of Article 2 and Article 59 (1) 5 and Article 3 of the Act on the Control of Narcotics, etc. concerning the crime in question; and