All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

(F) The punishment of the lower court (along months of imprisonment, additional collection of 2.9 million won) is too unreasonable.

According to the evidence submitted by the prosecutor of the mistake of facts or the prosecutor of the misapprehension of legal principles, the court below found the defendant not guilty of part of the facts charged despite the fact that the defendant conspired with D in collusion with D, one time more than twice in total, such as the entries in the facts charged, and thereby found the defendant not guilty.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Judgment

The lower court rejected the charge that the Defendant conspired with D to purchase philophones from E, and recognized that the Defendant purchased only part of the philophones which the Defendant had d purchased from D from D.

The prosecutor's statement on D, which corresponds to the fact that the defendant and D conspired to purchase phiphones, was prepared in the process of reporting the defendant to be mitigated for his narcotics crime, and it cannot be ruled out that D's crime was concealed and the defendant was unsatisfyed for committing the crime. Since it is contrary to the contents of the interrogation protocol prepared by the prosecution, it is difficult to believe it as it is, and there is no other evidence.

Meanwhile, in a criminal trial, the burden of proving the facts constituting an offense charged is to be borne by the public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interests of the defendant should be judged (see, e.g., Supreme Court Decision 2011Do7261, Nov. 10, 201). Thus, the aforementioned statement made by D alone cannot be found guilty of the whole facts charged.

Therefore, the prosecutor's mistake and mistake.