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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 eight months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of Defendant A (two years of imprisonment, confiscation and collection KRW 901,500) is too unreasonable.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles (A) the crime of attempted sale of phiphones in this case was caused by the inducer E directly related to the investigation agency and the investigation agency.
Therefore, the above part of the public prosecution is based on illegal naval investigation, and the procedure is null and void in violation of the provisions of the law.
(B) The protocol of interrogation of the suspect prepared by the public prosecutor (No. 6 of the evidence list) refers to a false confession made by the investigative agency after hearing the statement that he/she would be released when he/she confessions from the investigative agency while the defendant B is detained, and thus, admissibility is not admissible.
(C) Defendant B did not know the fact that Defendant B merely did so by receiving money from Defendant A and did not know that Defendant A traded philopon with E.
Defendant
B There was no intention to sell philophones.
(2) The lower court’s sentencing (one year and two months of imprisonment and one hundred thousand won of collection) is too unreasonable.
2. Determination on the grounds for appeal
A. Although Defendant A had a record of having been sentenced to punishment on several occasions for the same crime, Defendant A was involved in the crime of this case during the period of repeated crime, and the distribution of philophones dealt with. The transfer of philophones dealt with.
However, Defendant A was submitted a public letter to the effect that all of the crimes of this case were led to the confession of all of the crimes of this case, and that he actively cooperated with the investigation agency for arresting a narcotics offender.
The crime of this case is important in the basic area (1-2 years), the basic area (1-2 years), the third crime (4-2 years) of category 3 (10-2 years), the basic area (10-2 years) of category 3 (b) and each (2) of the special mitigation (a person with special mitigation).