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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the assertion after the lapse of the period for submitting an appeal) did not purchase MDR (the “EMA”) from E, psychotropic drugs, as stated in paragraphs 2 through 6 of the criminal facts in the judgment below. Nevertheless, the judgment of the court below that found Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (one year of imprisonment, etc.) by the court below is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. The Defendant’s assertion of mistake of facts concerning the Defendant’s assertion of mistake of facts is presented only on the second trial of July 1, 2020, after the deadline for submission of the grounds for appeal, and it does not constitute legitimate grounds for appeal.
Furthermore, even if examining ex officio the evidence duly adopted and examined by the court below and the following circumstances recognized by the court below, that is, the defendant, at the office near E office at the time and time stated in paragraphs 2 through 6 of the facts constituting the crime in the judgment of the court below, led to the confession of this part of the facts of the crime, and the defendant, not only in the investigation agency but also in the court of the court of the court below and the court of the appellate court, made a confession of all the facts of the crime. Considering that the above statements were made with the assistance of counsel, it is difficult to find any motive or reason to suspect the credibility or voluntariness of the statement, the defendant can fully recognize the fact that he purchased the "exponor" psychotropic drugs from E, such as the facts of the crime in the judgment
This part of the defendant's assertion of mistake is without merit.
B. The lower court’s determination on each of the grounds for unfair sentencing is on the Defendant, taking into account the favorable and unfavorable circumstances of the Defendant.