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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not purchase a philopon from D.
The instant facts charged were proven to the extent that there is no reasonable doubt solely based on the circumstantial evidence, such as the telephone details between D and the Defendant and the sending station.
shall not be deemed to exist.
B. The punishment sentenced by the lower court to the Defendant (two years of imprisonment, additional collection of KRW 800,00) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant: (a) around April 14, 2016, at the adult product store operated by D located in Gangdong-gu Seoul Metropolitan Government, the Defendant saw approximately 3.5 grams of Mepters (one philopon; hereinafter “philopon”); (b) around April 15, 2016, around 02:30 on April 15, 2016, up to KRW 80,000 in cash from the amblopon to D in the amblopon.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
B. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant can fully recognize the purchase of phiphones from D as stated in the facts charged in the instant case. Thus, this part of the defendant's assertion is without merit.
1) Examining the course of phiphones between E, D, and Defendant in the order of time related to the facts charged in the instant case, the account transfer of KRW 1100,000,000 to E on April 14, 2016 in order to purchase phiphones from E located in D Daegu to E on April 14, 2016 shall be proposed to purchase 5 gramphones from Daegu to J located in Gwangjin-gu I in Seoul Special Metropolitan City by phone to the Defendant on this day, and it shall be proposed that D arrives at D’s adult product store located in Gangdong-gu Seoul Special Metropolitan City to purchase phiphones from D to purchase buphones, and then, D arrives at D’s adult product store operated by D on behalf of the Defendant.