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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) misjudgment of facts as indicated in the judgment of the court below; (b) the Defendant received approximately 0.5g of opononononon from D at the time and place specified in paragraph (1) of the crime in the judgment of the court below; (c) there is no omission in the receipt of opononononononon on opon on oponon, and a single-time injection of 0.3g of opononon on opon at the time and place specified in paragraph (4) of the crime in the judgment of the court below; and (d) there was dilution of oponon on opon into Defendant’s arms by using a single-use injection device; (c) there was no error in the administration of opon on opon on opon into D using a single-use injection device; and (e) there was no lack of credibility of each of the aforementioned facts charged by Defendant 20 oponon on opon on opon on opon on opon.
B. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment, confiscation, and collection KRW 3,905,00) is too unreasonable.
2. Determination
A. 1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous or, in full view of the results of the first instance’s examination and the results of the further examination of evidence by the time of closing argument in the appellate trial, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance court, unless there are exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance is significantly unfair