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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the case of Defendant E) 1) 2017 high group 2753, the Defendant did not receive and sell a penphone to B at the time, but did not sell it in cash. ② With regard to paragraph (2) of the facts charged, the Defendant did not have received cash at the time, but did not deliver a penphone. ③ In relation to paragraph (3) of the facts charged, the Defendant did not sell a phiphone, but did not sell a phiphone, and the Defendant did not sell a phiphone from the stairs of J Station at the time. ④ In relation to paragraph (4) of the facts charged, there was no fact that the Defendant sold a phiphone at the time, and there was no fact that he did not sell a phiphone at the time.
2) Of the 2017 Highest 5671 case, the Defendant did not administer P and phiphones at the time, and the Defendant did not sell phiphones to P at the time in relation to Article 2 of the facts charged.
B. The punishment that the court below sentenced (defendant A: 10 months of imprisonment; 2 years of probation; 80,000 won of community service order; 2. Defendant B; 1 year of probation; 2 year of probation; 80,000 won of community service order; 90,000 won of collection; 3. Defendant D: 6 months of probation; 2 year of probation; 3 year of probation; 2 year of probation; protection observation; 80,00 won of community service order; 4. Defendant E’s imprisonment; 6 months of probation; and 2 million won of collection) are too unreasonable.
2. Determination
A. Determination of the assertion of mistake of facts (Defendant E), and the following circumstances recognized by the lower court by comprehensively taking account of the evidence duly adopted and examined by the lower court, i.e., ① From the investigative agency to the court of the lower court, C consistently stated that “B purchased a penphone with the Defendant’s KRW 300,000 won and a penphones” from July 2, 2016 to the court of the lower court. In particular, at the court of the lower court, C purchased a penphone from the Defendant on the side of each 40-50-meter radius.
B.