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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (unfair punishment) is too unreasonable for the Defendant (two years of probation, 80 hours of community service order, 40 hours of attending the pharmacologic course, drug addiction treatment order, confiscation, and additional collection 40,00 won of imprisonment with labor for ten months).
B. On January 2016, the lower court acquitted the Defendant on the grounds that there was no supporting evidence other than the Defendant’s confession, but there was evidence other than the Defendant’s confession. (ii) The above punishment imposed by the lower court is unreasonable because it is too unfasible evidence other than the Defendant’s confession. (iii) the above punishment imposed by the lower court is unreasonable as it is too unfasible.
2. Judgment on the misapprehension of the legal principle of prosecutor
A. In a case where the confession of a defendant is an unfavorable evidence against the defendant, the confession shall not be admitted as evidence of guilt (see Article 310 of the Criminal Procedure Act). Thus, in a case where the defendant was convicted of facts charged on the sole basis of the confession of the defendant without any supporting evidence, it shall be deemed that there was an error of law affecting
(see, e.g., Supreme Court Decision 2007Do7835, Nov. 29, 2007). Since substantive concurrent crimes are several crimes, reinforcement evidence for confessions as to each crime should be required.
(See Supreme Court Decision 2007Do10937 Decided February 14, 2008, etc.). Meanwhile, evidence of confession is sufficient to the extent that it can be recognized that the confession of a defendant is not processed, but true, even if the whole or essential part of the crime is not recognized.
In addition, indirect or circumstantial evidence, which is not direct evidence, can also be reinforced evidence, and confession and confession.