마약류관리에관한법률위반(향정)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not import philophones in the Philippines.
The confession made by the defendant on the date of the first trial of the investigative agency and the court below is false in order to protect the L who provides a philophone.
Nevertheless, the court below found the defendant guilty of committing the crime of importing phiphones, which is erroneous in the misapprehension of facts.
2) The punishment sentenced by the court below to the defendant (one year of imprisonment with prison labor for a crime No. 1 of the judgment below), which is unfair in sentencing, is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted to the same effect as the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail on the content of the Defendant’s assertion and its determination under the title “determination on the Defendant and his defense counsel’s assertion” in the judgment.
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the court below's finding of facts and determination of evidence is just and acceptable, and contrary to the defendant's assertion, there were errors by misconception of facts, which affected the conclusion of the judgment.
subsection (b) of this section.
Therefore, this part of the defendant's argument cannot be accepted.
B. As to each of the instant offenses committed by the Defendant and the Prosecutor, each of the instant offenses is deemed to have imported, administered, possessed, received, and driven a car without a driver’s license, and the nature of the offense is not good.
The crime No. 2 of the judgment of the court below is a crime during the period of suspended execution as stated in the records of the crime.
It is inevitable to strictly punish the defendant.
However, the defendant commits a crime of importing phiphones.