All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

B. According to evidence, such as the prosecutor 1’s statement of H and I as to the fact-finding, the Defendant’s charge that he was given a penphone to H, can be acknowledged.

The judgment of the court below which acquitted the defendant shall be erroneous and adversely affected by the judgment.

2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. In light of the content of the first instance judgment and evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, determined that the credibility of the witness's statement can not be acknowledged. However, the appellate court may acknowledge the credibility of the witness's statement following it.

In order to determine the credibility of the statement, the first deliberation judgment rejecting the credibility of the statement must be acceptable in a case where there are sufficient and sufficiently acceptable circumstances (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (b) The lower court examines H and I as a witness in relation to the facts charged that the Defendant was found to have a penphone.