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The judgment below
The part, excluding the additional collection, shall be reversed.
A defendant shall be punished by imprisonment for nine months.
Reasons
The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of sentencing): There is no fact that the defendant provides, receives, or receives a penphone, as stated in the facts charged.
Sentencing: The sentence (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
The Defendant, in the lower court’s determination on the assertion of mistake, made the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged by making detailed statements under the summary of the evidence (in light of the A’s statement, text, telephonephone provision as the facts charged, etc.).
In light of the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just and acceptable, and otherwise there is an error of law by mistake of facts as alleged by the defendant in the judgment below.
The defendant's defense counsel cannot be said to have been found (the defendant's defense counsel, according to the result of appraisal on the defendant's mother's mother's hair, was not detected from the Mailopon from the Madern hair taken by the defendant on October 26, 2016. Thus, there is insufficient evidence as to the facts that he administered a Madon in June 2016 or July 2016 among the facts charged against the defendant.
“The Defendant alleged to the effect that the crime of the Defendant, recognized by the lower court, was not administered a phiphone on the above date, but provided a phiphone to A. As such, the above argument is insufficient to raise a reasonable doubt as to the crime in the lower judgment. Therefore, the Defendant’s assertion of mistake is without merit.
The narcotics crime of determining unfair sentencing is a serious crime that has a serious harm to the physical health of the people and requires strict punishment in order to eradicate such crime, and is a crime during the period of suspension of execution as a same crime.