Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have sold a philophone to A.
A's statement is not reliable because the timing and method at which A, I, and L's statement does not coincide with each other when A, I, and L sold a written phone to the defendant.
At the time when the defendant and A have traded phiphones, A has closely exchanged with a nameless person using the "O" number other than the defendant, and there is a possibility that a person who sells phiphones to A may be a person who is not the defendant and a person who has sold phiphones.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, additional collection of KRW 750,00) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On May 24, 2015, the Defendant committed the instant charges: (a) around 19:40 on May 24, 2015, up to KRW 2.50,00 from A to the alleyway adjacent to the F Hospital located in the Southern-gu Incheon Metropolitan City E; and (b) as a result, 0.3 grams from A.
Accordingly, even though the defendant is not a narcotics handler, he traded phiphones.
2) On June 14, 2015, the Defendant, on June 14, 2015, 2015, 2.50,000 won (2.50,000 won) from A around the rear door of the J Apartment apartment, and as a result, 0.3g of phiphonephones to A.
Accordingly, even though the defendant is not a narcotics handler, he traded phiphones.
3) On July 24, 2015, the Defendant committed a crime on July 24, 2015: (a) 2.50,000 won from A on the roads near J apartment after night; and (b) 2.50,000 won from A in return, and (c) 0.3g of phiphonephones to A.
Accordingly, even though the defendant is not a narcotics handler, he traded phiphones.
B. The lower court rejected the Defendant’s assertion of the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the following grounds, and found the Defendant guilty of the instant facts charged.
1) A, I, and L are in this Court.