beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the receipt of textphones in the facts charged in this case, the court below found the defendant guilty on the grounds that the evidence submitted by the prosecutor, such as the statement of statement of J and the statement of P in the court below, was not admissible and credibility as a professional statement, and that the evidence submitted by the prosecutor, such as the statement of the police statement in the court below, is insufficient to recognize the facts charged. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles, since the court below found the defendant not guilty on the grounds that the statement of P in the court below was a professional statement, and the evidence submitted by P
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, three years of suspended execution) is too uneased and unreasonable.
2. Determination
A. On January 20, 2012, in order to find the guilty of this part of the facts charged, the Defendant currencyed with Chinese drug sales and telephone call, and the fact that narcotics were actually imported into the Republic of Korea should be presumed to have been actually imported. However, it is difficult to view that the evidence submitted by the prosecutor alone proves that it was beyond the reasonable doubt of the judge.
(2) Determination on the importation of smuggling on March 17, 2012 (A) In order to be found guilty of this part of the facts charged, the P’s statement to the effect that “the person who actually uses telephone number N is the Defendant” was admissible, and the P’s statement from the J that “the person who asked for receipt of the international express transmission in lieu of the opon phone shall be the Defendant,” and that “the person who asked for receipt of the international express transmission in lieu of the opon phone shall be the Defendant,” has the admissibility of evidence and shall have credibility.
(B) However, the judgment of the court below is in fact N from the informants among the statements made by P in the court of appeal.