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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the F’s statement that the Defendant sold philophones to the Defendant is reliable, and that the Defendant and F’s account account also conforms to F’s statement, etc., criminal facts that the Defendant purchased philophones from F are sufficiently recognized.
B. The lower court’s imprisonment (ten months of imprisonment, confiscation, and collection KRW 560,00) is too uneasy and unreasonable.
2. Determination
A. As to the facts charged in this part of the judgment of mistake of facts and misapprehension of legal principles, the court below found the Defendant not guilty on the ground that the F’s statement in the court and the investigative agency is contrary to the understanding of the Defendant and F, and that the F made a different statement in the investigative agency and the court about the name of the money that the Defendant received from the Defendant, and it is difficult to believe that F did not have any record of punishment due to this, and that F sent several money to F even after the date indicated in each of the facts charged in this case, and there is no record of passbook transaction that the Defendant sent money to F on some date indicated in the facts charged, and that there is no record of passbook transaction that the Defendant sent money to F, it is insufficient to use it as evidence of guilt
Examining the judgment of the court below closely compared with the evidence records, the judgment of the court below is acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles.
B. The Defendant again commits the instant crime during the period of repeated crime due to the same crime, etc. is disadvantageous to the Defendant’s judgment on the assertion of unfair sentencing.
However, the fact that the defendant confessions and reflects, and the amount of philophones purchased by the defendant is relatively small, and the frequency of medication is also limited to twice, etc., considering various sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, motive of the crime, and circumstances after the crime, the court below was sentenced.