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The judgment below
The conviction part against Defendant A and the part against Defendant B shall be reversed in entirety.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor (Defendant A), the court below found Defendant A guilty of this part of the facts charged, although it could sufficiently be recognized that Defendant A purchased approximately 0.06 gh from P on June 10, 2015, which affected the conclusion of the judgment. 2) The sentence imposed by the court below on Defendant A (one year and six months of imprisonment) is too unreasonable and unreasonable.
B. Defendant A1’s mistake of facts: (a) Defendant A purchased a phiphone from Defendant A on June 24, 2015 jointly with Defendant B; (b) as such, Defendant A, on June 25, 2015, was acquitted on the part that the part that Defendant A provided a phiphone to Defendant B on the part that Defendant B purchased a phiphone with Defendant B while meeting with Defendant B, and that Defendant B instigated Defendant B with jointly purchasing a phiphone. Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment; (b) the sentence that the lower court sentenced Defendant A on the charge of unfair sentencing is too unreasonable.
C. The punishment sentenced by the court below against Defendant B (one year of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio the Defendants’ ex officio decision-making prosecutor and the Defendants’ decision on the grounds for appeal.
In the first instance of the trial, the Prosecutor applied for the amendment of a bill of amendment to the indictment as stated in the following criminal facts:
As above, each of the facts charged against the changed Defendants and the remaining facts of the crime (excluding the acquittal portion) in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the conviction portion against the Defendants in the judgment of the court below is greater.