A defendant shall be punished by imprisonment for a term of one year and two months.

80,000 won shall be additionally collected from the defendant.

A. Although the defendant did not sell a philophone or administered a philophone to E, the court below convicted the defendant otherwise by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Examination of the argument of misunderstanding of facts or misapprehension of legal principles, the evidence duly examined and adopted by the court below, and the following circumstances acknowledged by the court below, i) E made a statement that he received phiphones from the defendant at the prosecution without disclosing the sex by the police, and the defendant also made a consistent statement on whether the defendant was administered phiphones, whether the defendant was in charge of administering phiphones, or whether the defendant was in charge of committing the crime under paragraph (4) of the crime at the time of the original adjudication. However, although the defendant purchased phiphones from the defendant and made a consistent and detailed statement on the process, purchase and place of the phiphones, the time and place of the crime, and the purchase price of phiphones, the telephones between the defendant and E are also supported, ii) E made a consistent and detailed statement on the fact that the defendant made a statement on June 2, 201 to the police branch without any further statement on the phiphones, and only after the defendant made an investigation at the prosecutor's office.