Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. As to the dismissal of prosecution among the lower judgment on the grounds of misapprehending the legal doctrine (public prosecutor), around June 2012 to September 9, 2012, around September 11, 2012, around November 2012 to December 12, 2012, and around March 2013 to March 2013.
5. Although it is reasonable to view that the facts charged on the administration of each philophone on July 1 are fully specified, the lower court erred by misapprehending the legal doctrine on the specification of the facts charged, thereby dismissing this part of the prosecution.
B. As to the convicted portion of the judgment of the court below on the grounds of unreasonable sentencing, the punishment (one year of imprisonment and 1.6 million won of additional collection) against the defendant is too heavy or (the defendant) and it is unreasonable to inspect (the prosecutor).
2. Judgment on misapprehension of legal principles
A. This part of the facts charged is not a person handling narcotics.
① From June to September 2012 to September 2012, the Defendant administered philophones by inserting approximately 0.03 to 0.05 g of philophones into a single-use injection machine between Gangnam-gu and Seocho-gu Seoul and hereinafter referred to as the Seocho-gu during the period from June to September 2012, the Defendant administered them in a way of dilution with water.
② From September to November 2012, the Defendant administered philophone medication by inserting approximately 0.03 to 0.05g of philophone into a single-use injection machine between Gangnam-gu Seoul and Seocho-gu and hereinafter referred to as the Seocho-gu during the period from September to November 2012, the Defendant administered philophone medication by dilution it with water.
③ From November to December 2012, the Defendant administered philophones by inserting approximately 0.03 to 0.05g of philophones into a single-use injection machine between Gangnam-gu and Seocho-gu, Seoul, and hereinafter referred to as “Seo-gu”). The Defendant administered philophones by dilution them with water.
(4) Above March 2013
5. 7. Honopon medication by the Defendant on March 2013: or
5.7. At around July, Gangnam-gu Seoul and Seocho-gu, approximately 0.03 to 0.05g philophones were put in a disposable injection machine, dilution with water, and medication for arms.
B. The lower court’s judgment is highly likely to hinder the Defendant’s exercise of defense, as the date and time of the crime in this case is generally stated, and within the short period.