Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
90,000 won shall be additionally collected from the defendant.
3.2
Reasons
1. Summary of grounds for appeal;
A. Although misunderstanding of legal principles or misunderstanding of facts cited in the grounds for appeal and “legal scenarios,” the Defendant argues that “the fact-finding person” is also asserting in light of the content of the assertion.
Criminal facts No. 2.B. as stated in the judgment below.
paragraphs 2 and 2.C.
The paragraph is identical to the place of crime and method of crime, and there is a period overlapping at the time of crime, and there is the identity of some of the co-offenders.
B. The court below's decision on unreasonable sentencing: 1 year of imprisonment and 90,000 won of additional collection
2. According to the evidence duly admitted and examined by the court below as to the assertion of misapprehension of legal principles or mistake of facts, the facts constituting the crime No. 2.B.
It is recognized that “the Defendant administered 0.3 gramopon, purchased from E at the dwelling of the Gu Government-si building No. C from February 111, 2019 to February 13, 2019, in the form of friencing E and D in shift with E,” as stated in the same paragraph.
On the other hand, the court below stated in the judgment below as 2.C.
As stated in the foregoing, the Defendant was guilty as to the facts charged that “the Defendant administered a wheel phone in shift with D during the period from February 8, 2019 to February 13, 2019 by the same method at the same place.”
However, the following circumstances acknowledged by each of the above evidence, i.e., ① the Defendant voluntarily appeared at the investigation agency and led to the instant crime, and stayed in D’s house from February 9, 2019 to D’s house for approximately a week, and administered phiphones with D and E.
“.......... all of the above facts constituting the crime was led to the court below, but the court below held the above 2.B.
The crime of this paragraph is recognized, but it is 2.C.
No. 2.B. Concerning the facts constituting the crime of this paragraph.
It argues to the effect that it is identical to the facts stated in the crime.