The defendant's appeal is dismissed.

Summary of Grounds for Appeal

There is no fact that Co-defendant B of the first instance trial (hereinafter referred to as “B”), on October 2015, 2015, and on January 2016, 2016, the Defendant sold a philopon to the police officer, and there is no fact that he administered a philopon together with B around January 2016 and around February 20 of the same year.

This can also be seen in light of the fact that narcotics ingredients have not been detected in the defendant's urine or maternity.

Nevertheless, the court below erred by misapprehending the facts that the court below found the defendant guilty of this part of the charges by reliance only on the testimony without credibility of B.

The sentence of unfair sentencing (one year and six months of imprisonment, confiscation, additional collection 1,973,151 won) by the lower court is too unreasonable.

Judgment

In regard to the assertion of mistake of facts, the Criminal Procedure Act of the Republic of Korea adopts the principle of court-oriented trials that the formation of conviction or innocence against the substance of a criminal case shall be based on a trial-oriented trial, and adopts the principle of substantial direct cross-examination that only the evidence directly examined in the presence of a judge may be the basis of a trial, and the original evidence near the facts subject to proof shall be the basis of a trial, and the use of the substitute for the original evidence shall not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on a case through the method of directly investigating the original evidence in a court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

The first instance court is the same.