The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the legal principles and the misunderstanding of the sentencing, and improper sentencing), although the Defendant did not sell the phiphone to I, the lower court recognized this part of the facts charged by the I’s false statement, and accordingly, erred by misapprehending the legal principles, or by misapprehending the fact that the surcharge was excessively calculated.

The sentence of the court below is too heavy.

2. Determination

A. Although the lower court also argued that the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine did not have credibility, the lower court, on the grounds stated in its reasoning, acknowledged the credibility of the I’s statement.

The decision was determined.

In full view of the following circumstances admitted by the evidence duly adopted and examined by the court below (excluding Nos. 9 through 14 of the evidence list), the judgment of the court below is acceptable, and the defendant's misunderstanding of facts and misapprehension of legal principles are without merit.

Of the facts charged in the instant case, the Defendant recognized the fact that he provided phiphones free of charge to I and administered phiphones at I’s female-friendly house, etc. In light of the following: (a) the Defendant was aware of this part of the facts charged; (b) the background leading up to the Defendant’s awareness of this part of the facts charged; (c) the circumstance leading up to the Defendant’s provision of phiphones at I’s house to I without compensation; and (d) the circumstances leading up to the administration of phiphones together with the Defendant and I, the Defendant’s credibility of the I’s statement regarding the Defendant sold phiphones to I.

B. A favorable circumstance is that the Defendant recognized a part of the crime, without previous convictions, the sales amount of philophones is relatively small, and the amount of philophones is not much large.

However, while the defendant continuously contacted with the accomplice in China, the defendant has repeatedly sold phiphones with the supply of phiphones, and the narcotics crime is an individual's body and mind.