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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
Summary of Grounds for Appeal
With respect to misunderstanding of facts, D's statement that corresponds to this part of the facts charged is difficult to recognize its credibility in light of the circumstances and contents of the statement.
He was convicted of the facts constituting the Defendant’s purchase of the instant metropon (hereinafter “copon”) and the Defendant’s purchase of the instant metropon from D.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the facts against the rules of evidence.
The sentence of unfair sentencing (two years of imprisonment and seven million won of collection) by the lower court is unreasonable.
On January 20, 2013, at around 22:00, the Defendant conspiredd with D to sell phiphones, which are psychotropic drugs, from G, to H, which was introduced by G, from F Hotel 207, located in Gyeongsung-gun E, G around January 2013.
On the 25th 21:00 of the same month, the Defendant arrived at the J, which is located in D, at the 21:00 of the same month, and D, with D’s view to the surrounding areas, and the Defendant received KRW 7 million from H within H’s passenger car parked in the said J, and 50g of philophones contained in vinyl finites.
Accordingly, the Defendant conspired with D to sell philophones.
The lower court found the Defendant guilty of this part of the facts charged by adopting as evidence the statement at part of the lower court’s lower court’s lower court’s H, the prosecutor’s protocol, the copy of the judgment, the investigation report (as to the result of the monetary content analysis), and the monetary content data
The prosecutor is responsible for proving the facts constituting an offense against which a public prosecution has been instituted in a law-based criminal trial on the judgment of the party trial, and the facts constituting an offense ought to be based on evidence of probative value, which makes the judge sure that the facts constituting an offense are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). Therefore, if there is no such evidence, the Defendant