마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant does not have any misunderstanding of fact that he delivered a phiphone to E.
B. The punishment of the lower court is too heavy (one year of imprisonment).
2. Determination
A. The Defendant asserted that the mistake of fact was identical to this part of the lower judgment.
The court below rejected the defendant's assertion in detail and found the defendant guilty of the crime of this case in the part of "the judgment on the defendant's assertion".
In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower judgment closely, the lower court’s judgment is justifiable, and the only evidence submitted by the Defendant at the lower court is insufficient to reverse the lower court’s judgment.
B. In full view of the following circumstances: (a) the lower court’s determination of the unfair argument of sentencing was beyond the reasonable bounds of discretion, in light of all the following factors: (b) the Defendant’s health and character character character and intelligent environment including the Defendant’s health, the motive and means of the crime, and the circumstances after the crime, including the circumstances after the crime, etc.; and (c) the lower court’s determination of the sentencing exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s above assertion is also groundless.
3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; Provided, That ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “the Defendant’s legal statement”, “1. The Defendant’s partial legal statement”, and “1. The witness E’s legal statement” and “1. witness E’s partial legal statement”, respectively.