The judgment below

In the middle of August 2015, the second philophones are given and received from the second philophones, and the first Handphones are traded in September 2015.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the public prosecutor’s factual misunderstanding and by misapprehending the legal doctrine on the facts charged in the instant case, which found the Defendant not guilty on the grounds that there was no supporting evidence as to the receipt of each penphone at least twice around August 2015 among the facts charged in the instant case, and each violation of the Act on the Control of Narcotics, Etc. due to the purchase and sale of Handphones in early September 2015, or by misapprehending the legal doctrine on the evidence for reinforcement of confession.

B. As to the punishment imposed by the prosecutor and the defendant (an additional collection of KRW 10,500,000) by the court below, the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant's punishment is too unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. On August 2015, the summary of the facts charged in this part of the charges (a) the Defendant committed each crime around the end of August 2015, 2015: (b) around the night around August 2015, the Defendant received one disposable injection from G, which contains the amount of phiphones from the mutual influence in Nam-gu Incheon Metropolitan City, Nam-gu.

As a result, the Defendant received philopon, which is a local mental medicine (hereinafter “the part of innocence 1”) even if he is not a narcotics handler (hereinafter “the Defendant received the part of innocence 1”) on August 2015, 201, the Defendant received one disposable injection machine from G, which contains philopon in the trade in the south-gu Incheon Metropolitan City (after 2-3 days from the day indicated in the above paragraph (a)) around the night.

As a result, the Defendant received philopon, which is a local mental medicine, even though he is not a narcotics handler (hereinafter “the part of innocence 2”). On September 2015, 2015, the Defendant committed the first police officer around September 2015, 2015, 10 million won from G, which included a philopon’s philopon in the trade in the south-gu Incheon Metropolitan City, around the first night of September 2015.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold a philophone, which is a local mental medicine (hereinafter “3.