All judgment of the court below shall be reversed.

A person shall be punished by imprisonment for a violation of the Road Traffic Act (driving) in the judgment of the defendant.

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles (as to the violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") provided that the Defendant intended to purchase a penphone to a person with no name, and transferred the price, but the above person with no name was aware of the place of delivering the penphone to the Defendant

Meanwhile, it can be recognized that the commencement of the commission of the crime of purchasing phiphones has to reach the commencement of the commission by the seller of phiphones, and whether the seller of phiphones begins to commit the crime of selling phiphones must have close close or close to the trading act by holding or obtaining phiphones or making it possible.

However, the court below found the defendant guilty of this part of the facts charged, although there is no proof as to whether the defendant was contacted with the above person in the name of the victim in the name of the victim or the defendant moved to the place of the penphone, the court below erred in the misunderstanding of facts and misunderstanding of legal principles.

B. Each sentence (Article 1: 10 months of imprisonment with prison labor, 4 months of imprisonment with prison labor and collection) sentenced by the court below of the second instance is too unreasonable.

2. Ex officio determination

A. We examine ex officio the existence of the grounds for retrial (the first instance judgment) prior to the judgment on the grounds for appeal.

According to the records, the court of first instance shall serve a copy, etc. of the indictment by public notice under Article 23 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings on the ground that the whereabouts of the defendant cannot be confirmed, and serve a copy, etc. of the indictment by public notice in the absence of the defendant, and served the trial proceedings on December 11, 2019, and sentenced ten months to the defendant; the defendant filed a petition for recovery of his right to appeal against the court of first instance on March 13, 2020; the court of first instance rendered a decision to recover the defendant's right to appeal on April 13, 2020; the prosecutor filed an immediate appeal against the above decision, but the court of appeal on June 11, 2020