beta
Text
The judgment below
The part of the forfeiture shall be reversed.
Seized evidence No. 1 shall be confiscated.
The remaining appeal by the defendant is filed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is too heavy (the punishment of imprisonment of one year and six months, the weight of evidence 1 to 3, and 100,000 won are too heavy).
2. A review of the judgment on the grounds for appeal by the defendant, there are favorable grounds for sentencing such as the defendant's confession of the crime, the fact that the defendant is against himself while making a confession of the crime, and the fact that he informed an investigative agency of the merchant line, but the crime of this case was punished 12 times as a drug-related crime (in fact, 11 times). The crime of this case is the same repeated crime, and the crime of this case is the same kind of crime, and all matters concerning the sentencing indicated in the records and arguments of this case, including the reason for unfavorable sentencing such as the defendant's age, family relation, economic situation, circumstances leading to the crime and motive, and other matters concerning the sentencing specified in the records and arguments of this case, the punishment of
3. According to the ex officio determination on the confiscated portion, evidence Nos. 2 and 3 can be recognized as being consumed or discarded after appraisal at the investigation stage, and the part that confiscated evidence Nos. 2 and 3 among the judgment of the court below can no longer be maintained (see Supreme Court Decision 2012Do4183, Sept. 13, 2012). 4. Accordingly, the part that confiscated evidence Nos. 2 and 3 among the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the ground that there are grounds for reversal of the above ex officio, the part that confiscated is reversed pursuant to Article 364(2) of the Act on the Control of Narcotics, Etc. and the evidence seized pursuant to the main sentence of Article 67 of the Act on the Control of Narcotics, Etc. shall be confiscated, and the remaining appeal of the defendant is groundless, and thus, it is dismissed pursuant to Article 364(4)