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The judgment of the court below is reversed.
As to the first crime as to the judgment of the court below, the second crime as to the defendant is committed in six months.
Reasons
Summary of Grounds for Appeal
There is no misunderstanding of facts or misunderstanding of legal principles that the Defendant purchased philophones from C, such as the provisions of Article 1 of the judgment below.
Even if the purchase was made, the first-A of the judgment of the court below.
The point of the purchase of an anti-copon is the same as the offense of violation of the Act on the Control of Narcotics, etc. (fence) entered in the judgment of the court below which became final and conclusive.
The punishment of unfair sentencing (the first crime in the original judgment: imprisonment with prison labor for 6 months, the second crime in the original judgment: imprisonment for 1 year and 6 months, and additional collection for 3250,000 won) of the lower court is too unreasonable.
Judgment
According to the judgment of the court below and the evidence duly adopted and examined by this court, the following facts and circumstances can be acknowledged.
C’s statement and its credibility C were made from the investigative agency to the court as follows:
① On April 18, 2012, after being released from the Suwon detention center, the Defendant first became aware of the introduction of the P, around April 20, 2012.
② On May 2012, 2012 to June 2012, 2012, he and P sold 10,30,000 squarephones to the Defendant, who had sold 10,000 squarephones.
③ Around June 2012, P was detained, and the Defendant claimed 10g of the troopon, which bears 2 million won for the attorney-at-law’s fee, in one place where the main figures and meals of P were provided.
④ From July 25, 2012, the Defendant demanded that philophones be sought several times, and the Defendant took one point two g of philophones free of charge on the basis of whether the accurate date and place are not memory but can be seen as a living day.
(A) On July 28, 2012, at around 04:00, the Defendant stated that the Defendant received from C a daily gift 0.09g of the philopon from Q on July 28, 2012, without compensation. (5) 5g of the philopon from Q on July 28, 2012.