A. As to the sale and possession of philophones in the judgment of the court below, the Defendant’s sale and possession of philophones fall short of the fact that the Defendant sold and possessed philophones, but the prosecution is unlawful since it caused criminal intent by illegal undercovering

B. The punishment of the lower court (one year of imprisonment, confiscation, and collection KRW 100,00) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment as to the assertion of misunderstanding of the legal doctrine, and the lower court, on which the Defendant and the defense counsel alleged the same reason, and rejected the Defendant’s assertion.

Examining the judgment of the court below in light of the legal principles on naval investigation and evidence, the judgment of the court below is justified and there is no violation of law by misapprehending the legal principles

B. There are extenuating circumstances to consider in favor of the Defendant as to the determination of the unfair argument of sentencing, such as the confession and reflect of the facts of the offense itself, and the cooperation with the narcotics investigation.

However, considering various sentencing conditions, such as Defendant’s age, sex behavior, environment, criminal record, motive for the crime, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, considering the following circumstances: (a) the defendant sells phiphones; (b) the transfer of phiphones in his possession is considerable; (c) the risk of recidivism is high; and (d) there is a heavy need for severe punishment for a crime that is highly harmful to society; (b) the Defendant has been punished for the same crime even before the instant case; (c) the Defendant committed the instant crime again during the repeated crime period due to the same crime; and (d) the court below set the minimum sentence within the scope of the recommended sentence (i.e., imprisonment between 1 year and 4 months); and (c) the punishment imposed by the court below is 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.