A. Regarding the misunderstanding of facts 2013 Gohap108 case, the Defendant does not constitute “import” because (i) the Defendant did not intend to purchase one-person crypphones, but intended to purchase crypis, which is an instrument of pre-incrimination treatment, and (ii) the cyponphones delivered are delivered from the Republic of Korea, not from China, and thus does not constitute “import.”

Nevertheless, the defendant did not appear at the meeting of the police and the prosecutor that demanded confession in consideration of non-detention or non-prosecution, and made a false confession as to the above suspicion, and such a situation continues to continue to exist in the court below. The defendant tried to reverse the above confession only when it reaches the appellate court.

Therefore, the court below erred by misunderstanding the facts charged and affecting the conclusion of the judgment, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the amount of punishment imposed by the lower court is too unreasonable.

2. Determination

A. In a case where a defendant does not make a statement as to whether to recognize the facts charged or refuses to make a statement, this cannot be determined as a material unfavorable to the defendant. However, in a case where the defendant made a statement that recognizes the facts charged without exercising the right to refuse to make a statement, the defendant may be found guilty of the facts charged based on such statements, other evidence, reinforcement evidence, and data

In addition, it cannot be said that the probative value or credibility of a confession made by the defendant in the court of first instance is doubtful solely on the grounds that the confession is different from the statement in the court of appeal. In determining the credibility of a confession, the credibility of the confession shall be determined in consideration of whether the contents of the confession are objectively rational, what is the motive or reason of the confession, what is the motive or reason of the confession, and what is the circumstance leading to the confession, and what is not contrary or contradictory to the confession among other evidence than the confession.