마약류관리에관한법률위반(향정)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (as to the part on paragraphs 1 through 4 of the criminal facts of the case No. 2015 Godan829 as indicated in the original judgment), the Defendant did not trade philophones with F or administer philophones with F. 2) The sentence of the lower court (one year of imprisonment, and two million won of collection) is too unreasonable.
B. The lower court’s sentence is too uneasible and unreasonable.
2. Determination
A. 1) Determination on the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated by the lower court, namely, ① purchase of phiphones from the Defendant at an investigative agency to the lower court’s court, as indicated in the original judgment, and consistently stated that “F administered phiphones at least four times” with the Defendant. Although there is a certain degree of difficulty in memory of specific parts such as the place of crime, there is no reasonable circumstance to doubt credibility in light of the overall purport of the statement, in light of the overall purport of the statement, there is no reasonable circumstance to doubt credibility, ② exchange of telephone conversationss between the Defendant and F at the time, and the location of the base station is consistent with F’s statement; ③ transfer of 300,000 won from the purchase price to the Defendant’s leakage or N’s account on December 9, 2013 (the Defendant in this regard, “the period from which F borrowed 300,000 won was remitted to the Defendant’s personal borrowing or withdrawal of 300,000 won from the cash transfer date.”
(4) The F’s statement is that it is stated under the risk of additional punishment for himself, and (5) the Defendant also received money from the investigative agency in the name of purchase of phiphones from F.