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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (a) is too unreasonable for the Defendant (along two years and six months of imprisonment, confiscation, additional collection 19250,000 won).
B. According to the evidence of the prosecutor’s submission of the prosecutor(s) by the defendant, around 05:30 on January 9, 2019, the defendant found that around 05:30 on the street in front of Yongsan-gu Seoul Metropolitan Government, N,O, and P gave approximately 70 g of phiphones.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The lower court: (a) explained the specific facts and circumstances in the “2. Determination of innocence” in the written judgment of the lower court; (b) determined that the evidence submitted by the prosecutor alone was not sufficient to prove that the Defendant, around January 9, 2019, up to 05:30 on the street in front of Yongsan-gu Seoul Metropolitan Government, sent approximately KRW 70 g of philopon to N,O, and P was not proven without reasonable doubt; and (c) acquitted the Defendant as to the facts charged in this part.
B. Examining the evidence and records duly adopted and examined by the court below and the court below, we affirm the judgment below's finding of facts and circumstances as well as judgment based on them. It is reasonable that theO appeared as a witness at the court of the party, and the N was called "I would like to report to the criminal defendant who was aware of the defendant in the ordinary place for the purpose of securing public services, and reported the above facts to B, and P came to go to the Jeon-dong distance along with P.
At this point, Defendant, N, and Q met.
N has taken and sent a philopon to the Defendant, and the Defendant was in his house, and the Defendant moved to AH where the Defendant’s house is located.
After arrival at AH, P is located in the vehicle, B, the defendant, N, and Q get off from the vehicle to the defendant's office, and the defendant was in the house and carried with a philopon, and in fact, he was in the box.