마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant received money from C and received money from C to purchase phiphones, and received money from J to purchase phiphones, and divided them into C. Thus, the Defendant jointly purchased phiphones.
C It does not sell philophones to C.
B. The punishment of the lower judgment that was unfair in sentencing (one year and six months of imprisonment, additional collection of 500,000 won) is too unreasonable.
2. Determination:
A. The following facts and circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of facts and legal doctrine and the evidence duly admitted and investigated by the trial court and the trial court, i.e., at the time when the Defendant made a statement from the police that the Defendant: (a) received KRW 300,00 from the police to request C to seek the camphone; (b) withdrawn KRW 200,000,000 among them; and (c) purchased the camphone from the c and gave it to C; and (d) consistent with the details of the passbook transaction and the legal statement of the witness C at the trial; and (c) not only requested the Defendant to seek the camphone, but also suggested that C could jointly request the Defendant to jointly purchase the camphone; and (c) at the time of opening the camphone from the Defendant, the Defendant did not specifically purchase the camphone’s own money, but also sold the 100,000 remaining cam phone.
Since it is reasonable to see that this part of the facts charged is guilty, the judgment of the court below is sufficiently acceptable, and the defendant's assertion against this is without merit.
B. The defendant's judgment on the unfair argument of sentencing is limited to the sale beyond a simple medication, and two times including the past criminal punishment for the same kind of crime, and part of the crime during the investigation process.