All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the legal doctrine asked F (N) to report to the police by telephone or G message after the Defendant administered phiphonephones in the Philippines, and then the act of returning home on March 13, 2017 constitutes self-denunciation.

Nevertheless, the court below did not reduce the number of the defendants under the premise that the defendant's act does not constitute a self-denunciation.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The prosecutor (misunderstanding the facts about the portion of the crime without fault) is consistently aware of disadvantage due to his confession from the investigative agency to the court below's decision, but the confession of the defendant has no reason to obtain the reversal of the confession, and thus, is highly reliable.

Nevertheless, the judgment of the court below which rejected the confession of the defendant without reasonable grounds and acquitted the defendant with respect to the crime of exporting phiphones of this case is erroneous in the misapprehension of facts, which affected the conclusion

2. Judgment on the misapprehension of the legal principle of the defendant

A. The term “self-denunciation” as referred to in Article 52(1) of the Criminal Act refers to an expression of intent to voluntarily report a criminal act to a government agency responsible for the investigation and to seek the disposition.

In addition, even if one defendant voluntarily surrenders himself/herself, it is merely a mere fact that the court can voluntarily reduce the punishment against him/her, and it cannot be deemed illegal on the ground that the court did not reduce the number of self-denunciation or did not make a decision on the allegation of mitigation of self-denunciation (see Supreme Court Decision 201Do12041, Dec. 22, 2011, etc.). (b) According to the evidence duly adopted and examined by the court below and the court below, the defendant is subject to punishment in Korea by the reporter from March 2, 2017 to 21:05.