The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1,046,00 won shall be additionally collected from the defendant.

1. Grounds for appeal;

A. The judgment of the court below which convicted the defendant of this part of the charges on the crime by the issuance of phiphones is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment, on the ground that the defendant did not have any credibility or delivery of phiphones to the above D, as stated in the facts charged, although there was no fact that the defendant delivered phiphones to the above D as stated in the above facts charged, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below which convicted the defendant of this part of the charges on the grounds of the facts charged, such as D and F's statement without credibility.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, additional collection of KRW 1,046,00) is too unreasonable.

2. Determination

A. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the prosecutor examined the case at the trial, and the prosecutor administered the phiphone by means of injection or drinking after inserting the volume of philophones in a single-use injection machine, dilutioning it with aquatic water,” under Paragraph 2-3 of the facts charged in the instant case. “Application for changes in the amount of philophones by means of injection or drinking.” Since this Court applied for changes in the amount of philophones, the judgment below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction.

B. Determination on the assertion of mistake of facts is based on the argument on the crime caused by the issuance of a philopon.