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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
3,000,000 won shall be additionally collected from the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the violation of the Act on the Control of Narcotics, Etc.) did not purchase phiphonephones from G in collusion with F at each date and place indicated in the facts charged on the violation of the Act on the Control of Narcotics, etc.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, each of the facts charged is found guilty.
Therefore, this part of the defendant's assertion is rejected.
A. In this case, F consistently made a statement consistent with each of the facts charged in this part at an investigative agency and court, and the court below held that F’s trust in light of the consistency of F’s statement and the consistency of body body and attitude of statement as a result of directly examining the F as a witness, etc. The court below’s decision on the credibility of F’s statement is justified in light of the result of examination of evidence in the court below and the trial court, and it is difficult to deny F’s credibility solely on the presumption that F was sentenced to imprisonment of 10 months for the purpose of soliciting the Defendant’s criminal case, even though F was sentenced to imprisonment of 32 million won as the Defendant’s assertion, it is difficult to deny the credibility of F’s statement just because F was sentenced to imprisonment of 10 months.
B. From springing around 2011 to the beginning of 2012, the Defendant refers to F’s text messages, “one or only one to one to another,” “one to 40,00,000,” “one to one to one to one to another,” and “on the same hand, whether two to two to one to one to one to another, and if so, to one to two to one to another.” “I will die of a person without any condition. 5 days after the death of a person,” and “I will am the highest.”