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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months, additional collection 2.2 million won) is too unreasonable and unfair (the Defendant explicitly withdraws his assertion of mistake as to the facts at the first trial date). B. The prosecutor’s evidence submitted by the prosecutor misunderstanding the facts (non-indicted 1). In particular, according to the P’s partial statement that the Defendant sold the so-called “pro-called “pro-opon” to the Defendant, and the criminal judgment (Cheongju District Court 2015 J. 2020) against P on April 28, 2014, the lower court acquitted the Defendant of this part of the facts charged, even though it can be sufficiently recognized that the Defendant purchased KRW 50,000,000 in cash from P on April 28, 2014, which affected the conclusion of the judgment, by misunderstanding the fact that the Defendant was guilty of this part of the facts charged.
2) The above sentence sentenced by the lower court is too unhued and unfair.
2. Determination
A. We examine the prosecutor's assertion of mistake of facts, and the court below found the defendant not guilty of this part of the facts charged on the ground that the above judgment of the court below is inconsistent with the records and closely examined, the judgment of the court below is just, and there is a violation of law of mistake of facts alleged by the prosecutor.
It shall not be readily concluded.
B. We examine the judgment on the unfair sentencing of the defendant and the prosecutor, and the court below determined the above punishment against the defendant on the basis of the circumstances stated in its reasoning. The circumstances alleged by the defendant as favorable to sentencing in the trial, such as the fact that the defendant shows a positive attitude toward the whole crime of this case and the health condition was not good, and the crime committed by the defendant who had been subject to five times criminal punishment (four times of imprisonment and one time of suspension of execution of imprisonment) due to the crime related to phiphonephones is very poor, and the crime committed by the defendant, such as selling the phiphonephones of this case during the so-called repeated crime period.