The judgment below

Among them, the part of conviction and the part of acquittal on the delivery of the lower order of November 2018 shall be reversed.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the lower court found the Defendant not guilty of the part of the charge that the Defendant sold Yopphones around November 12, 2018, the part that the Defendant sold Yopphones, the part that the hopphones was cut to AO around November 2, 2018, and the part that sold opphones to AP on December 2, 2018. The lower court erred in matters of mistake of facts.

B. The penalty sentenced by the court below on the grounds that the sentence of unfair sentencing (a 3 years of imprisonment and confiscation 32,803,000 won) is too uneased and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 2018, the summary of the facts charged and the summary of the facts charged in this part of the judgment of the court below are that the Defendant, around the summer-gu Incheon Metropolitan City and AR, 0.5g of clopon from November 1, 2018, 1 a part of the disposable copon to AO for a single copon which contains approximately 0.5g of copon.

In addition, the lower court determined that the confession of the Defendant cannot be adopted as evidence of guilt on this part of the facts charged since it cannot be found any evidence of reinforcement other than the confession of the Defendant.

According to the evidence submitted by the Prosecutor (AO's judgment) at the trial of the trial of the trial court, it is recognized that AO was sentenced to one year of imprisonment on May 17, 2019 for the violation of the Act on the Control of Narcotics, Etc. (Article 2019Kadan2003). The criminal facts of the above judgment include the fact that AO was issued 0.5g of philopon from the Defendant as stated in the above facts charged.

In light of the above circumstances, it is recognized that the defendant delivered a penphone to AO on November 2018.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts, and the prosecutor's allegation of mistake is justified.

B. The facts charged are as follows: (a) the sale of philophones on November 12, 2018 and the sale of philophones on December 2, 2018.