All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles

The lower court found the Defendant guilty of the facts charged on the sole basis of the statement of C and F without credibility, even though there was no purchase of a phiphones with F, and there was an error of law by misunderstanding the relevant legal principles. 2) The sentence sentenced by the lower court of unfair sentencing (two years of suspended execution, 40 hours of probation and pharmacologic treatment, and 50,000 won of collection) is too unreasonable.

B. The sentence imposed by the court below is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the Defendant can fully recognize the fact that the Defendant purchased a phiphone from C as stated in the lower judgment and the fact that the phiphone was administered together with F, so the Defendant’s assertion of mistake of facts and misapprehension of legal principles

1C, while being investigated into another drug case, informed the investigation agency of the fact that he/she sold phiphones to the defendant, made several statements from the investigation agency to the court below, and received an investigation into the identity of the defendant. The overall contents of the statement are not inconsistent with important parts, and the situation explanation is considerably detailed at the time.

Even if C was under investigation by other narcotics cases, in light of the fact that not only the Defendant, but also other persons reported about the crime related to narcotics, and that C knew of the fact that he sold phiphones to the Defendant that he would be punished, it is difficult for C to find the Defendant guilty of committing a crime against the Defendant.