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The judgment below
The guilty portion shall be reversed.
Defendant
A shall be punished by imprisonment for two years and by imprisonment for one year and eight months, respectively.
Reasons
1. The lower court determined that the instant facts charged constituted a case where there is no proof of a crime regarding the violation of the Act on the Control of Narcotics, etc. (e.g., the act of violation of the Act on the Control of Narcotics, etc.) and the fraud due to the medication of a CD as of October 1, 2017 and December 5, 2017 among the instant facts charged.
In addition, as to the violation of the Act on the Control of Narcotics, etc., the above facts were pronounced not guilty in the disposition, and each of the above fraud was found not guilty in the reasoning of the judgment, and guilty of the remaining fraud in relation to the crime.
However, in relation to the fraud, only the defendant appealed on the ground of unfair sentencing, and does not dispute the acquittal part. Thus, the acquittal part in the reasoning of the judgment of the court below is judged to have been exempted from the object of public defense among the parties, although it was judged that the defendant was not guilty.
(Supreme Court Decision 90Do2820 Decided March 12, 1991). Accordingly, the judgment of the court below as to the acquittal portion for the reasons in the judgment of the court below is inconsistent with the conclusion of the judgment of the court below and it is not judged separately by this court. Thus, the scope of the judgment of this court is unreasonable because the prosecutor did not appeal against the violation of the Act on the Control of Narcotics, etc. (the violation of the Act on the Control of Narcotics, etc. (the violation of the Act on the Aggravated 1, 2017 and December 5, 2017) limited to the conviction portion of the court below.
3. The crime of this case committed by the Defendants is not good to commit the crime by taking the Defendant’s drug containing a psychotropic drug content in a psychotropic drug so that the Defendants obtained money from the victims by using golf.
However, in the case of the defendants, the victims expressed their intent that they would not want the punishment of the defendants when they are compensating the victims in whole and agreed upon, and the age and age of the defendants.