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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In fact-finding Defendant 1 did not purchase a penphone with G between May 201 and June 2011, and the lower court convicted Defendant 1 of this part of the facts charged [Article 2012 proviso, paragraph 6 of the 1265 case [Article 2012 proviso, paragraph 6 of the 1265 case]. The lower court erred by misapprehending the facts and affecting the conclusion of the judgment. 2) In light of all the sentencing factors of the instant case, in so determining, the lower court’s punishment (one year and two months of imprisonment, and additional collection) is too unreasonable.
B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts (the defendant), namely, ① the witness G of the court below made a statement at the court of the court below at the time of the transfer of the defendant's small or medium vehicle at the time of the transfer of the defendant's small or medium vehicle and the amount of the penphone purchased together with the defendant, which are credibility in the statement. ② The above G has proved that it had already purchased the penphone at the time of the above temporary border at the investigation agency and had been present at the court of the court of the court below after the prosecution was instituted for the above facts constituting the crime of this case, and there was no incentive and motive to give testimony about the false facts related to the crime of this case; ③ This part of the crime of this case has been finally affirmed; ③ The fact that the criminal judgment already became final and conclusive on the same facts became final and conclusive is insufficient to recognize the facts of this part of the facts charged by the defendant, together with the facts charged by the defendant.
(b).