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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not receive 48 grams from C, and did not transfer KRW 850,00 to C as the price for a written phone.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.
B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. 1) In light of the contents of the first instance judgment regarding the principle of court-oriented trial and the principle of direct examination of facts, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or there are exceptional cases where it is remarkably unreasonable to maintain the first instance judgment on the credibility of the statement made by a witness of the first instance when comprehensively considering the results of the first instance examination and the results of additional examination of evidence conducted by the time of closing argument in the appellate trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). Although there is no reasonable doubt about the formation of the court-oriented trial evidence to recognize him/her as guilty in a criminal trial, it is not necessary to exclude all possible doubts from the scope of the witness, and it does not exceed 9313.
In the case of consistency in part, other.