beta
Text
The judgment below
Each part of the crimes of 1, 2-A, 3, and 4 in the judgment of the court below shall be reversed.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. (1) Violation of the Act on the Control of Narcotics, Etc. by Sale of Handphones on October 13, 2015 (Article 1-3) (C)
The Defendant did not sell phiphones to J.
2) On June 2015, the Defendant did not sell Zphones to Z in violation of the Act on the Control of Narcotics, Etc. by Sale of Handphones (Article 4 of the lower judgment).
B. The punishment sentenced by the lower court (for each of the crimes of No. 1, No. 2-A, and No. 3 and 4 as indicated in the lower judgment: Imprisonment with prison labor for two years, additional collection of KRW 2,505,500, and Article 2-B of the lower judgment, imprisonment with prison labor for three months) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On October 13, 2015, the summary of this part of the facts charged and the summary of this part of the facts charged are as follows: (a) around October 13, 2015, the Defendant sold approximately five grams of phiphones to J in front of the I Station located in Nowon-gu, Seoul Special Metropolitan City around 00:00 on October 13, 2015.
“.....”
The court below found the following facts based on the evidence duly adopted and investigated by the court below, and found the defendant guilty of this part of the charges on the ground that the defendant sold 5 grams to J.
① The J received letters from “A (the name stored in this Justice’s cell phone) soliciting the purchase of phiphones and purchased five grams of phiphones, and specified the Defendant as “A” selling phiphones at the time of the police.
(2) When the J has purchased phiphones at the time of identifying the defendant, it has credibility when only five days have not elapsed from the purchase of phiphones.
③ At around that time, the Defendant, in addition to J, provided the opon to E and G free of charge, or sold the Zopon to the Z.
2) The relevant legal principles are relevant.