마약류관리에관한법률위반(향정)
The judgment below
Part concerning Defendant A and B shall be reversed, respectively.
Defendant
A shall be punished by imprisonment for ten months.
Defendant .
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant did not have administered a crophographer (hereinafter “chographer”) around April 2, 2015.
2) The sentence of the lower court (one year of imprisonment, additional collection) that is unfair in sentencing is too unreasonable.
B. Defendant C (unfair sentencing)’s punishment (an amount of KRW 5 million, additional collection) by the lower court is too unreasonable.
(c)
Defendant
B (misunderstanding of facts) The Defendant did not purchase a mobile phone on March 26, 2015.
(d)
The Prosecutor (Improper Sentencing with Defendant B)’s sentence of the lower court (an imprisonment of eight months and additional collection) is too unhued and unfair.
2. Determination
A. Determination as to Defendant A’s assertion of misunderstanding of facts
Accordingly, the suspect A administered philophones in collusion with K.
2) There is K’s statement and reply to the request for appraisal as evidence that seems consistent with the facts charged in this part of the judgment.
The statement of K among them is the purport that on April 2, 2015, K administered philophones together with Defendant A.
In that case, K administered phiphones from the first investigation of the prosecution to the fifth investigation on March 26, 2015 and April 2, 2015 at the Mourel on two occasions with Defendant A and C.
Defendant C was replaced with Defendant C at the time of the second investigation by the Prosecutor’s Office No. 2, and Defendant C did not cross-faceted with Defendant C on March 26, 2015. On April 2, 2015, K and Defendant A went to her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she she
Upon the statement again, the statement was changed on March 26, 2015, and it did not have the telephones together with the telephones. On April 2, 2015, Defendant C did not administer phiphones, and Defendant A did not phiphones.