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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In February 2014, the Defendant did not deliver approximately 0.05 g of Metropha (hereinafter “Mesophopon”) to E Haman on a free basis, and rather there was only the fact that he received Mesophopon from E.
Therefore, the judgment of the court below which found the defendant guilty of all the facts charged of this case including the facts charged that the defendant delivered a penphone to E, is erroneous in the misapprehension of facts and thereby adversely affected the conclusion
B. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. In light of the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts, key evidence corresponding to this part of the facts charged is the E’s statement at investigation agencies and the court.
However, although there are some differences in the statement in E's investigative agency and court (i) the detailed part of E's statement (i) the date on which the phonephone was delivered from the Defendant, (ii) whether the Defendant was contacted and found in advance on the day on which the phonephone was delivered from the Defendant, and (iii) the Defendant was removed from the phonephone, it appears to be due to the limit of memory or the process (i), (ii) the statement or statement was more concrete and more concrete, and (iii) the overall statement of E can be viewed as a substitute for the objective rationality of its contents; (iv) the statement of E is issued from the investigative agency to the court; and (v) the statement of E is consistent with the date on which it was written in this part of the facts charged; and (v) the Defendant also is issued from the investigative agency to the court.
2. At around 28. Around this part of the facts charged, the credibility thereof may be recognized in light of the fact that E is recognized in the place specified in this part of the facts charged (D Hospital in Busan Jung-gu).