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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not receive or administer narcotics, the lower court found the Defendant guilty of violating the Act on the Control of Narcotics, Etc. (the lower court’s judgment 2015 order 1620) among the facts charged in the instant case. In so determining, the lower court erred by misapprehending the facts.
B. The punishment sentenced by the lower court (one hundred months of imprisonment, additional collection of KRW 300,00) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below. In other words, the defendant denied the violation of the Act on the Control of Narcotics, etc. of this case from the police to the prosecution two times before the suspect interrogation, and led to the confession of the crime at the time of the three-time investigation by the prosecution. The defendant denied the violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. (the brokerage of commercial sex acts, etc.) but recognized the violation of the Act on the Control of Narcotics, etc. (the brokerage of commercial sex acts, etc.) at the court of the court below, and if the defendant denies the crime, he claims that the defendant made a false confession due to the high punishment of the prosecution, but the defendant cannot believe the above assertion in light of the circumstances denying the fact that the defendant violated the Act on the Punishment of Acts, such as the brokerage of commercial sex acts, etc. (the brokerage of commercial sex acts, etc.) at the court below. However, although the defendant asserted that there is no credibility, the defendant's assertion that there is insufficient.
B. The Defendant actively cooperated with the investigation of drug crimes, and there are extenuating circumstances such as equity in the case of being tried together with the offense of violating the Act on the Punishment of Acts, such as arranging sexual traffic for which the Defendant’s punishment becomes final and conclusive (such as arranging sexual traffic).
However, the defendant shall be sentenced to a suspended sentence once and a sentence once for the same crime of narcotics.