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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the case of the lower judgment’s judgment [2015 Highest 1918], the lower court found the Defendant guilty of this part of the facts charged, even though the Defendant did not sell phiphones to M three times, is erroneous in the misapprehension of the facts.
B. The punishment sentenced by the lower court (one year and ten months of imprisonment, confiscation, and collection KRW 2 million) is too unreasonable.
2. Determination
A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected the said assertion by explaining the detailed reasons in the part on “determination of the Defendant and the defense counsel’s assertion” during the relevant judgment
Examining the reasoning of the judgment of the court below closely with the evidence, the judgment of the court below is just, and the judgment of the court below is not sufficient to reverse the judgment of the court below on the following grounds: (a) the statement by P, M, and the defendant made by the prosecutor of the prosecution that they take drinking at the W cafeteria prior to the transaction of phiphones; and (b) the details settled on May 15, 2015 at the W cafeteria is insufficient to reverse the judgment of the court below. Therefore
B. In light of the fact that the Defendant was sentenced three times to a punishment for the same drug crime, and was sentenced to a fine one time, and that the Defendant again committed the instant crime during the period of the same repeated crime, the amount of the penphones handled by the Defendant is not significant, and other various sentencing conditions, such as the Defendant’s age, sex, motive and means of the crime, and circumstances before and after the crime, the lower court’s punishment is too too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.