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The defendant's appeal is dismissed.
The judgment below
Part 3 of the "Special Measures for the Control of Public Health Crimes" in Part 17.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found that the attached list of crimes (1) Nos. 56, 57, 74, 84, 100, 114, 186, 187, 215, 216, 222, 225, 236, 287, 301, 324, 340, 364, 432, 446, 48, 544, and 600, which are attached to the facts charged in this case of mistake of facts, was sale of cosmetics, and found the facts guilty.
B. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, and fine of KRW 120 million) is too unreasonable.
2. Determination
A. In a case where the Defendant consistently led to the crime from the investigative agency to the trial date, and reversed his own confession from a certain trial date, the following should be examined: (a) the motive, reason and circumstance behind the reversal of the confession, together with the motive, reason and circumstance behind the reversal of the confession, in light of the past and the contents of the statement made by the investigative agency; and (b) whether there is evidence to support the confession.
(2) According to the reasoning of the lower court’s judgment and evidence duly admitted and investigated by the lower court based on the foregoing legal doctrine, the following circumstances are as follows: (a) the list of crimes (i) attached to the facts charged in the instant case (i) the type, quantity, and amount of multiple gift food sold by the Defendant during the period from March 2016 to September 2016), attached to the facts charged in the instant case (the list indicating the type, quantity, and amount of multiple gift food sold by the Defendant during the period from March 2016 to September 2016), the second police interrogation was conducted by adding a list of crimes related to transaction with the Defendant and B, which was prepared in the investigation process of the Defendant’s subordinate business (Evidence No. 237-247, 277 of the evidence record).