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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Considering the fact that the date, time, and place of the purchase of philophones and the crime of medication are adjacent to each other, the account transaction details, CCTV images, etc. can be reinforced evidence of not only the purchase of philophones but also the fact of medication.
B. The sentence imposed by the lower court (one year and two months of imprisonment, three years of suspended execution, and 40 hours of order to attend a course) is too uneasible and unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. A. Around May 18, 2018, the summary of the facts charged in this part (1) around 01:00 on May 18, 2018, the Defendant, who was parked on the street near the Gangnam-gu Seoul Eastdong, Gangnam-gu (Seoul) in a small vehicle operated by the Defendant, as described in paragraph (a) of Article 1 of the lower judgment, 0.2 grams out of the opon, purchased on June 17, 2018, while drinking out about 0.2g of the opon among the opon phone purchased as described in paragraph (a) of Article 1 of the lower judgment. (2) On June 17, 2018, the Defendant, who was parked on the street near the Gangnam-gu Seoul Eastdong-gu, Seoul, 19:00, while drinking out about 0.2g of the opon in the opon phone purchased by the Defendant, as described in paragraph (b) in the judgment of the lower court.
B. In full view of the following circumstances, the lower court determined that the confession of the Defendant constitutes only the evidence unfavorable to the Defendant, and thus, each of the facts charged constitutes a case where there is no proof of crime.
① As a result of the assessment of narcotics on the Defendant’s hair and urine, all of the phiphone components were not detected, and phiphones purchased at the time the Defendant was arrested have not been seized.
② In F’s name, E bank account transaction details (Evidence No. 6), financial institution’s personal data reply data (Evidence List No. 8), CCTV image analysis data (Evidence List No. 9), etc. can be reinforced evidence against the violation of the Narcotics Control Act (hereinafter “Narcotic Control Act”), but there is a substantive concurrent relationship with this.