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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) Defendant A (as to the sale of philophones on September 17, 2016), Defendant A (as to the sale of philophones), purchased and administered philophones together with B on September 17, 2016, and did not sell philophones to B, the lower court found the Defendant guilty of this part of the facts charged. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) According to the evidence submitted by the prosecutor (not guilty part of the judgment below against Defendant A), Defendant A sold 0,000 won of 0.1g philopon on April 16, 2014 to Defendant A, and sold 2.28g philopon on February 3, 2018, with approximately 0.28g 20,000 won of philopon on February 3, 2018, the court below acquitted Defendant A of each of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Sentencing 1) Each sentence sentenced by the lower court (Defendant A: imprisonment of 1 year and 4 months, additional collection of 340,000 won, Defendant B’s imprisonment of 10:00 won, and additional collection of 100,000 won) is too unreasonable.
2) The punishment sentenced by the lower court to Defendant A (a year and four months of imprisonment, and an additional collection of KRW 340,000) is too unhued and unreasonable.
2. Determination
A. The following circumstances are revealed based on the judgment of the court below and the evidence duly admitted and investigated by the court below as to Defendant A’s assertion of misunderstanding of facts, i.e., “B was known from the investigative agency to the court of the first instance on September 16, 2016.”
In response to K's request for asking philophones from K, Defendant A had only K around 23:00 on the same day, at around 23:00 on the same day, K was born to Busan Shipping Daegu where K was in his wife.
At the wife's home, the two days after the day after the day after the 1 to 2th of the new wall and the family members return to the house and the family members return to the house, and the defendant A went to the next side of the FMo 1 story Kakiter in E around 01:50 on the same day.