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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. According to the prosecutor’s (i.e., mistake of fact - sale of each penphone, the part not guilty of the original judgment - According to each statement at the investigation stage of the Defendant and L, L purchased a penphone from the Defendant and sold it again to W/X, and the Defendant knowingly knew of such circumstances, purchased a penphone from J or C, which is a phiphone supplier, and in this process there was no fact that L was in contact with J or C at all. As such, the Defendant: (a) recognized that the phiphone purchased from J and C was put to L; (b) as seen above, the Defendant knew that L would sell a penphone to W/X; and (c) therefore, (d) recognized this part of the facts charged.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
See The sentence of the lower court (one year of imprisonment, confiscation, additional collection 4.650,00 won) which is improper because it is too uneasible.
B. The above sentence of the court below is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. (i) The summary of the facts charged is as follows: (a) on December 2015, 2015, the Defendant: (b) on a passenger car parked on the NO park near the Cheongju-si, Cheongju-si; (c) 500,000 won for the purchase and sale of opon from L; and (d) on December 2015, the Defendant sold L a opon copon copon copon copon copon to L around 03:0 in order to December 2015.
B. On December 25, 2015, the Defendant: (a) around 25, 2015, the Defendant: (b) sold three 1c injection equipment, including approximately 2.4g g of philopon, from the house of the above L, to L around December 26, 2015; and (c) on December 26, 2015, three 1c injection equipment, including approximately 2.4g of philopon.
B. The judgment of the court below (i) The Defendant recognized L’s fact that philophones were printed on L as stated in this part of the facts charged, but the Defendant is the 1st car and car of the facts charged in the judgment.