A. The punishment of the court below (the 2 years of suspended execution in six months of imprisonment and the 6.50,000 won of additional collection) is too unreasonable.

B. According to the evidence submitted by the prosecutor (in fact-finding, unreasonable sentencing) 1, the lower court acquitted the Defendant on this part of the facts charged, even though it is sufficiently recognized that the sale of philopon and medication have reached the expiration date, was erroneous in misunderstanding of facts. 2) The lower court’s punishment is too uneasible and unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. ① The Defendant recognized the purchase and administration of phiphones at the police and the prosecution, and asserted that the materials purchased and administered by the Defendant were not phiphones only at the court of the original trial. ② It is recognized that: (a) the person who purchased phiphones in the manner of remitting the proceeds to the new bank account under the name of E designated by the sales books, such as the facts charged in the instant case; (b) the person who actually purchased phiphones at the designated place; (c) the reaction of phiphones was confirmed from the simple drug examination on the urines in the instant G; and (d) the time when G’s phiphones were purchased on August 16, 2017, which was close to August 19, 2017, the point at which G’s phiphones were purchased.

B. However, there is no direct evidence to acknowledge that the Defendant purchased and administered the philophones, and ② The Defendant made a statement to the effect that “I could not feel any organ and appraisal even if he administered the philophones,” as to the prosecutor’s question whether he saw the philophones by using the philophones after recognizing the fact of the philophonesing, and asked him whether he saw any philophones into the philograms. Therefore, even though the reason why the philophones sold the philophones to the philophones, I could not hear any reply from the philophones seller before the crime of this case.”