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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 on the Defendant (ten months of imprisonment and two years of suspended sentence) is too unreasonable.
B. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal principles (contested part of innocence) ① During the police investigation process, G made a statement to the effect that the Defendant again obtained Mescoptocops from P to the effect that the Defendant sold it again. This is consistent with the statement made by P investigative agency to the effect that Q received Handphones and sent it again to G. ② On December 12:32, 2016, the Defendant sent G a text message to inform G of his address by means of text, and then sent a text message to J around 12:33 of the same day, and around December 21, 2016, G sent a text message to request the registered mail receiver to J.
The Defendant sent the text message “,” and the Defendant transferred KRW 250,00 to G around 22:09 on the same day. However, G stated that the court below sent Kim at the court of original instance that the Defendant was not the Defendant, but the recipient of registered mail sent Kim, used the expression “before prescription” while sending Kim, and the amount of KRW 2.50,00 is excessive in Kim value, ③ by the time of two police investigations, G sold the text message to the Defendant by the time of two police investigations.
In light of the indirect evidence, such as the fact that G was reversed, while making a statement from the prosecutor's investigation, the defendant was sufficiently convicted of the facts charged regarding the part not guilty of the judgment below, in full view of the above indirect evidence, such as the fact that G reversed the statement, etc. by using his identity card from Jeju-do.
2) The above sentence committed by the lower court against the Defendant is too uneased and unfair.
2. Determination
A. Determination of the lower court on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The lower court determined that the Defendant sold a penphone to the Defendant.