A. The Defendant, as stated in the facts constituting a crime in the lower judgment, did not have purchased philophones from D or administered philophones with D or H.

Nevertheless, the judgment of the court below which convicted the defendant on a different premise is erroneous by mistake.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by evidence duly admitted and examined by the lower court and the first instance court’s judgment as to the assertion of mistake of fact, the Defendant can fully recognize the purchase and medication of phiphones as stated in the lower court’s holding.

Therefore, the defendant's above assertion is without merit.

① The most essential evidence in each of the instant crimes is D and H’s statement that each of the instant crimes committed with the Defendant.

D and H’s statements are relatively consistent and concrete about the process from the police investigation to the original trial, the process in which the Defendant met, the purchase and medication of the Defendant’s penphones, the contents thereof, and the situation before and after the crime.

The contents of each statement are inconsistent with those of other evidence, such as the statement that the defendant exchanged with D before and after the crime.

Even if considering the various arguments on the defendant's D and H's credibility of the statement, the credibility is recognized in light of the court's attitude, etc. without showing any circumstances to be false in the statement, as seen later.

② D은 검찰 수사과정에서 ‘2 ~3 년 전 피고인 집에서 신세를 질 때 투약하는 것을 보니까 가끔 수건 등을 이용하여 팔 혈관을 찾아서 투약하였는데, 이때에는 피고인이 투약을 하고 나서 “ 좀 샜다” 고 하여 보니까 혈관이 좀 부은 것 같았다.

If you put in the blood line properly, you do not lsheshesheshes, and we find the blood line properly, and the arms are unfited as a little.

Hah Ha L. H.