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The judgment below
The part concerning confiscation shall be reversed.
Although an appeal has been filed against the judgment of the court of first instance, the main sentence is as follows.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The part concerning the crime No. 2 of the judgment of the court below in the misconception of facts or misunderstanding of legal principles (hereinafter “instant denial part”).
(2) The judgment of the court below which found the Defendant guilty of the denied portion of this case is erroneous by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment. (2) The sentence of imprisonment (two years of imprisonment and confiscation and additional collection) imposed by the court below on the Defendant is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The lower court ex officio rendered a judgment: (a) seized 0.23g at the original 0.25g g, which was contained in a disposable vinyl (Evidence Record 24 pages) discovered in the main machine of the Defendant’s accomplice-owned G, G, but used 0.02g as an appraisal.
(No. 11 and 12 (No. 12) (hereinafter collectively referred to as "the seized article of this case") are narcotics or equipment provided for the violation of the Act on the Control of Narcotics, Etc. by carrying phiphones as stated in the judgment below, and thus, each of the seized articles of this case was confiscated in accordance with the main sentence of Article 67 of the Act on the Control of Narcotics, Etc.
However, according to the evidence and records duly adopted and examined by the court below, G, the accomplice of the defendant, asked the defendant to have the seized vehicle of G, and it was found that G, the accomplice of the above vehicle, was found in the main machine of G, with the height of the vehicle of G (Evidence record 24,54, 210, 214-215, 218-219 and the trial record 44,50-51 pages). At the time of the judgment below, G violated the Act on the Control of Narcotics, etc. (fence) due to the possession of a phiphone, among the facts charged against the defendant of the crime of violation of the Act on the Control of Narcotics, etc. (flag) due to the possession of a phiphone in the instant indictment against G.