The judgment below

The guilty portion against the defendant shall be reversed.

The defendant is not guilty.

Summary of Grounds for Appeal

A. The judgment of the court below that convicted the Defendant of this part of the facts charged on the basis of the E and H’s statement without credibility is erroneous in the misapprehension of the legal principle, although the Defendant did not have any fact that he either issued a penphone to E or sold a penphone to H. 1, the court below found the Defendant guilty of this part of the facts charged. 2) Even if not, the court below’s sentencing (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

B. A prosecutor 1) According to the erroneous determination of facts (as to the acquittal portion in the original judgment), and H’s statement, despite the fact that the Defendant could sufficiently recognize the fact that he sold phiphones to C, the lower court rejected the credibility of C and H’s statement and acquitted this part of the facts charged. The lower court’s judgment erred by misapprehending the legal principles on the facts charged. 2) Even if not, the lower court’s sentencing on the guilty portion is too unreasonable.

Judgment

A. On May 20, 2010, the summary of this part of the facts charged is as follows: (a) the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on May 20, 201; and (b) the execution of the sentence was completed on February 2, 2011. The Defendant is not a person handling narcotics. The Defendant is not a person handling narcotics. around March 2, 2012, at an office where it is impossible to identify the trade name located in Busan District Court D on March 21, 2012, the Metecop, a psychotropic drug, at the office where it is unknown.

(2) The lower court found the Defendant guilty of this part of the facts charged in full view of the evidence in its holding.

3 The above determination by the court below is difficult to accept for the following reasons.

Criminal facts which have been prosecuted in a criminal trial shall be proved by the prosecutor, and the judge is true to the extent that there is no reasonable doubt.