The judgment below

The part of conviction and not guilty part of the violation of the Tobacco Business Act shall be reversed.

Defendant .

1. Scope of the judgment of this court;

A. The lower court acquitted the Defendant on the charge of violating the Customs Act among the facts charged in the case 2016 High Order 8792, and acquitted the Defendant on the violation of the tobacco business of the same case, and on the violation of the Telecommunications Business Act concerning the telephone carrier under the name of F, and convicted him of the remainder of the facts charged.

B. Accordingly, the prosecutor appealed on the ground of the misapprehension of the legal principles as to the violation of tobacco business among the acquittal portion of the judgment below and the unfair sentencing and the judgment below’s acquittal portion.

(c)

Therefore, since the part of the judgment of the court below that dismissed the above prosecution by the defendant and the prosecutor without appeal and the part that violated the telecommunications business concerning the telephone carrier under F is separated and confirmed, only the remainder (the part that violated the tobacco business among the guilty part and the acquitted part) belongs to the scope of the judgment of the court.

2. Summary of reasons for appeal;

A. The judgment of the court below which acquitted the Defendant of this part of the facts charged, is erroneous in the misapprehension of legal principles, although the sale of tobacco purchased by the Defendant from a person who sealed a tobacco without registration to another wholesaler constitutes "where a person engages in the tobacco wholesale business without registration in violation of Article 13 (1) of the Tobacco Business Act," under Article 27-2 (2) 2 of the Tobacco Business Act.

B. The sentence sentenced by the lower court (two years of suspended sentence for one year) is too unhued and unfair.

3. An ex officio determination prosecutor filed an application for changes in indictment with the following facts constituting an additional crime: (a) No. 2 of the facts charged in the 2016 Highest 8792 case against the Defendant (the part not guilty of the judgment of the court below that violated the Tobacco Business Act among the non-guilty part of the judgment of the court below). The subject of the judgment was changed by this court’s permission.

another person.