The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although there is a fact that the Defendant purchased each philophone from L on November 17, 2013 on or around 20:00, the Defendant had not received approximately 0.06g of philophones from L on the same date and time as the facts charged in the instant case, there was no fact that the Defendant received approximately 0.06g of philophones from C and sold them

On November 17, 2013, the defendant involved in the purchase of approximately 0.06g of philophones around 20:00 on November 17, 2013.

Even if this constitutes aiding and abetting M to sell approximately 0.06g of philophones to C, it cannot be viewed that the Defendant sold 0.06g of philophones to C.

On December 4, 2013, the police investigation method of December 4, 2013, which did not have the criminal intent, led the investigation agency to actively encourage the defendant to commit a crime and to commit a crime, and is illegal as it constitutes a naval investigation.

The punishment sentenced by the court below of unfair sentencing (one year of imprisonment) is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the facts charged in the instant case can be sufficiently convicted of the Defendant, who was parked in the vicinity of the Gyeongdong, Yeongdeungpo-gu, Seoul, on November 17, 2013, around 20:0 and sold 0.06 g of philopon from a car to C, and 200,000 won from C by receiving a philopon.

The defendant asserts that the defendant purchased phiphones from each L in the above time and place of trial, but the defendant did not sell phiphones to C as stated in the facts charged in this case.

First of all, the statement of the witness C at the trial court, which seems consistent with the defendant's defense, is reversed the statement at the investigative agency and the court below to the effect that he purchased the penphone from the defendant as shown in the facts charged in this case.