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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment)’s imprisonment (one year and six months of imprisonment, additional collection of KRW 3,236,000) is too unreasonable.
B. Defendant B 1’s mistake of facts as stated in the judgment of the court below
(a) with respect to paragraph (1) and (2), there is no fact that philophones were purchased from F;
Article 2-2 of the Judgment of the Court
A. As to paragraph (3) of this Article, there was only a little number of penphones from F, and there was no purchase of two penphones as stated in its reasoning. 2) The sentence of the lower court on unreasonable sentencing (the penalty of imprisonment of one year, 3,500,000 won) is too unreasonable.
2. Determination
A. In full view of the F’s legal statement of the lower court as to Defendant B’s assertion of mistake of facts, F’s prosecutor’s and police statement, Defendant B’s statement at the prosecutor’s office, etc., Defendant B’s decision of the lower court
(a) recognize the purchase of philophones from F, such as those described in paragraphs (1), (2) and (3);
According to F and A’s prosecutor’s statement, the Defendant: F- 2-1 of the lower judgment
A. On September 12, 2015, the date and time of the first crime, around 16:00, as the fact was recognized that A was in the vicinity of Qdong near Seoul P, the Defendant asserted to the effect that it is impossible for the Defendant to purchase phiphones from F in the vicinity of the K apartment distance in Jung-gu, Seoul. However, as alleged by the Defendant, F was in the vicinity of the Seoul P around the above temporary border.
Even if the court below's decision 2-
A. (1) The date and time of the crime in paragraph (1) does not mean “16:00 on September 12, 2015” only, but can be seen as a concept including “16:00 on that day’s 16:0 on that day’s c.i.e., “16:0 on that day’s c.m. time”, “Seoul P” and “Seoul Jung-gu R” where F sold c.m. to the Defendant’s c.m. from that day to that of the Defendant, and “F sent c.m. in the vicinity of Defendant B and Seoul Jung-gu, Seoul” around 15:21 on the said day (Evidence record 51 on the basis of the foregoing circumstances alone).
(a) purchase phiphonephones from F at the time and place of 1 crime.