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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, Defendant A (Defendant A) only delivered to the J around January 29, 2017 a philopon 1 philopon 0.7g, without compensation, the fact that Defendant A only sold it.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.
B. The sentence that the court below sentenced to the Defendants is too unreasonable.
2. Determination
A. According to the evidence duly adopted to determine the Defendant A’s assertion of mistake of facts and completed the investigation, particularly to the description of the copy of the protocol of interrogation of the police officer against J, the J has been previously aware.
Defendant A, who is known as a person living together with E, proposed to purchase phiphones by telephone, and the time and place of Defendant A’s contact with Defendant A, and 30,000 won from Defendant A’s “Y” after contact with Defendant A, and then again delivered Defendant A with phiphones.
Defendant
A's assertion of mistake of facts is rejected.
B. Various kinds of sentencing conditions shown in the records of this case and arguments on the changes in the judgment of the court below as to the defendants' assertion of unfair sentencing and the reasons for sentencing of the judgment of the court below are large, and the scope of recommended sentences according to the sentencing guidelines for narcotics crimes committed by the defendants A / [the scope of recommendations] / [the scope of punishment] 2 types of crimes (one year to two years) in the basic area (special mitigation) (one year to two years) / 2 kinds of crimes (special mitigation) in the same criminal investigation cooperation / 2 kinds of crimes [the scope of recommendations] in the basic area (one year to two years of suspension of execution within three years), including purchase and sale of marijuana and assistance [the scope of recommendations] 2 types of basic areas (one year to two years of marijuana, b. items (c) and (c) of this case) [the scope of punishment to be mitigated] / [the number of persons subject to special mitigation] / the same kind of special mitigation or suspension of execution for three years or more] / 3 months (3 months or more.