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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
With regard to the misunderstanding of facts (Defendant E), the Defendant did not sell a cropoper (hereinafter “copon”) to Defendant D on March 28, 2014, and was arrested on March 28, 2014, and held 2.5g copon. However, it did not hold for sale but was kept at the request of the upper Defendant D.
The sentence of the lower court against the Defendants on unreasonable sentencing (defendants A; 1.6 months of imprisonment; 3.7 million won of a fine; 2. Defendant C; 1.6 months of imprisonment; 203,00 won of a fine; 3. Defendant D; 1.6 months of confiscation; 4.5 million won of a fine; 1.6 months of imprisonment; 1.6 months of confiscation; 1.6 months of confiscation; 1.6 million won of a fine; 1.6 million won of a fine); and 1.6 million won of a fine.
Judgment
As to the assertion of mistake of facts (Defendant E), the following circumstances acknowledged by the evidence duly adopted and examined at the original court and the trial court: (i) Defendant E denied the charge of this case; (ii) Defendant D testified on March 28, 2014 on the day he was arrested by an investigation agency and purchased a penphone from Defendant E; and (iii) stated in conformity with this part of the charges specifically and consistently until the original court and the trial court (the trial record No. 680 pages); (iv) Defendant B’s statement at the court of original instance in the court of original instance in the court of original instance in the court of first instance in the court of first instance (the trial record No. 680 pages); and (v) Defendant B’s statement in the court of first instance in the court of first instance in the court of first instance (the first instance that it was difficult for Defendant D to commit the crime of this case to refer to Defendant E’s writing from her mother to the court of original instance; and (iv) made a statement in the court of first instance and that Defendant D purchased a cell phone from Defendant 14.
(No. 691, No. 692 of the trial record) and B statements to investigative agencies are made by the police out of the goods of the defendant E.