All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

No. 3. Evidence seized by the defendant

Summary of Reasons for appeal

A. As to the sale of philophones, the lower court found the Defendant guilty of this part of the facts charged, although the Defendant did not sell philophones to AE around December 2014, the lower court erred by misapprehending the facts.

B. Each sentence of the judgment below that was unfair in sentencing (the first instance judgment: imprisonment of 2 years, confiscation, collection of 3,100,000 won, and second instance: imprisonment of 10 months, and collection of 400,000 won) is too unreasonable.

Judgment

A. The judgment of the court below ex officio decided to consolidate each appeal case against the judgment below.

However, since each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes must be sentenced in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

B. Even if there exists a ground for reversal of facts by authority as above, the Defendant’s assertion of mistake and misapprehension of legal principles as to the judgment of the court below is still subject to the judgment of the court of this Court. Thus, in full view of the evidence duly admitted and examined by the court below, in particular, the Defendant’s statement in the court below, the Defendant’s prosecutor’s interrogation protocol (3 times, AE v.), and a copy of the police interrogation protocol against AE, etc., it can be sufficiently recognized that the Defendant sold phiphones to AE on the date and time stated in the facts charged. Thus, the court below found the Defendant guilty of

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

[Judgment of the court below] The facts constituting an offense and summary of evidence recognized by this court and the summary of evidence are all of the judgment below.