The judgment below

Of them, it is about the medication of the guilty part and the crime list Nos. 1, 2 of the crime list.

1. Summary of grounds for appeal;

A. The Defendant: (a) led to confession of the facts charged as to the administration of 1 to 8 philophones; and (b) as evidence of reinforcement of the said confession, there are the results of the maternity appraisal.

Nevertheless, the judgment of the court below which acquitted the facts charged in relation to the confession on the ground that there is no evidence to reinforce the confession, is erroneous in the misapprehension of legal principles.

B. Defendant 1’s misunderstanding of the facts or misapprehension of the legal doctrine) Defendant merely accepted the philopon sent by C through a third party at H around January 14, 2016, and did not purchase it from China on March 7, 2016, the lower court convicted Defendant 1 of this part of the facts charged on the ground of the prosecutor’s statement without any discretion.

B) The N, who received the owner from an investigative agency, actively requested the Defendant to sell phiphones, causing the Defendant’s intent to commit a crime of selling phiphones, and this constitutes an illegal under the investigation by the investigative agency, but the judgment of the court below which did not recognize it is erroneous by misunderstanding the legal principles or misunderstanding the legal principles.

2) The sentence of the lower court (an additional collection of KRW 1.6 months, 500,000,000) that is unfair in sentencing is too unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine (as to the non-indicted part of the crime)

A. The summary of the facts charged in this part of the facts charged is that the Defendant administered phiphonephones over eight times in total, such as the sequence 1 to 8 years from March 10, 2016 to March 2016.

B. The evidence of reinforcement of the confession of the Defendant’s confession of the previous philoon medication Nos. 1 and 2 of the List of Crimes Nos. 1 and 3 of the previous philoon medication can only be sufficient if it can be recognized that the confession of the Defendant is not processed, even if the whole or essential part of the crime can not be recognized, and indirect or circumstantial evidence that is not direct evidence is also proven.