마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that: (a) the Defendant first met C on March 14, 2018; (b) it is an exceptional fact that it is not consistent with C’s statement; and (c) in light of the fact that it is not consistent with C’s statement, there is no fact that the Defendant sent C a philopon.
The judgment of the court below is erroneous in finding the defendant guilty.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is not deemed to be significantly unfair in light of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court
(See Supreme Court Decisions 2008Do7917 Decided January 30, 2009 and Supreme Court Decision 2017Do7871 Decided March 29, 2018, etc. (see, e.g., Supreme Court Decisions 2008Do7871, Mar. 29,
In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, there are special circumstances to deem that the lower court’s judgment was clearly erroneous.
It is difficult to view that the lower court’s determination on the credibility of the witness statement is significantly unfair.
1 C delivers to n the Defendant the amount of custody from the investigation stage to the court below's trial, around March 14, 2018, at around 23:00, the Defendant delivered to n.e., the Defendant.