The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The police investigation protocol on the summary of the grounds for appeal to D is prepared in a situation in which it is impossible to secure any voluntariness without due process, and its admissibility is not admissible, and its credibility is not recognized.

The Defendant was guilty on July 20, 2015, while there was a fact between the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, but did not possess D’s house and sold narcotics to D. However, the lower court found the Defendant guilty on the ground of the protocol and circumstantial evidence of the suspect interrogation of the police as to D, and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the first head of the crime was examined by the Prosecutor, and the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Jeonju District Court on March 16, 2016 and was sentenced to dismissal by the final appeal on December 15, 2016.

In addition, “The latter part of Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act was applied for the permission to amend the Bill of Indictment, and this Court permitted the same, so the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court despite the above reasons for reversal of authority, and this is examined below.

3. Judgment on the defendant's assertion

A. On October 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court, and completed the execution of the sentence on December 4, 2014. On March 16, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jeonju District Court, and was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jeonju District Court on March 16, 2016, and the final appeal was dismissed by the final appeal and the final judgment became final and conclusive on December 15, 2016.