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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the sale of philophones among the facts constituting the crime of the lower judgment (Defendant A), the Defendant only delivered philophones to B without compensation, and there was no fact of selling them.
B. The sentence of the lower court (Defendant A: imprisonment of 1.6 months and 300,000 won, Defendant B: imprisonment of 8.8 months and 200,000 won) is too unreasonable.
2. Comprehensively taking account of the evidence, such as the statement of investigation agency B on the Defendant’s assertion of mistake of facts, the Defendant may acknowledge the fact that the Defendant sold approximately KRW 0.2g of opon to B in cash as stated in the lower judgment, and thus, the Defendant’s assertion of mistake of facts is without merit.
3. Defendant A acknowledges part of the crimes and reflects the judgment on the Defendants’ unfair argument of sentencing. Defendant B cooperates in the investigation and recognized and reflects the crimes. There are extenuating circumstances.
However, even though Defendant A had had a record of punishment several times for the same crime, he committed the crime of this case during the period of repeated crime, Defendant B committed the crime of this case during the period of suspended execution due to the same crime, Defendant A committed the crime of this case during the period of suspended execution, Defendant A committed the crime of this case by selling phiphonephones to Defendant B, and taking into account various sentencing conditions such as Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the court below is too unreasonable.
4. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.