All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

No. 1. Evidence seized by the defendant

1. Summary of grounds for appeal;

A. Of the judgment of the court below of first instance, the Defendant remitted money to purchase 20 g of philophones. The Defendant arbitrarily delivered 48.64g of philophones from the seller’s side and purchased philophones exceeding the above 20 g.

shall not be deemed to exist.

B. The punishment of the lower court (the first instance judgment: imprisonment of 2 years, confiscation, 180,400 won, and the second instance judgment: imprisonment of 4 months, 2,900,000 won) is too unreasonable.

2. Ex officio determination, the defendant filed each appeal against the above judgment of the court below and decided to hold concurrent trials. Each of the offenses of the court below Nos. 1 and 2 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes is to be sentenced within the scope of punishment imposed under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

In addition, in the appellate trial, the Prosecutor seems to have committed an error in writing in the judgment of the court below 2,90,000 won in the 5th of the charges of violation of the Act on the Control of Narcotics, Etc. due to Sale and Purchase of Psychotropic Drugs, etc., as to the judgment of the court below 2,80,000.

A request for amendments to Bill of Indictment was made to “2,00,000 Won”, and since this Court permitted it, the judgment of the court below was no longer maintained in this respect.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court, and this is examined below.

3. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of misunderstanding of facts, namely, sexual K, which the Defendant purchased a philopon, refers to a person who traded a philopon with the Defendant from the Defendant.