The judgment below

Of the judgment of the court below, each of the crimes of Section 1-C, 4, 2, and 2 of the [2015 Highest 4087] of the [2015 Highest 3761] decision of the court below.

1. Summary of grounds for appeal;

A. Of the facts constituting a crime of mistake of facts and misapprehension of legal principles, the Defendant did not have administered philophones (Article 2015No. 1 of the 2015 Highest 4087).

In addition, this part of the facts charged is deemed null and void in violation of the provisions of the law, since the time, method, quantity, frequency, place, etc. of medication are not specifically specified.

B. The lower court’s sentence of unfair sentencing (Article 1-1-1(a) and (b) of the “2015 Highest 3761”: Imprisonment with prison labor for two months, 4.4 million won, and 1-1(c) and (d) of the “2015 Highest 3761”, and “2015 Highest 4087”: Imprisonment for two years, and 6,7420,000 won.

2. According to the records of the instant case, the judgment ex officio [the part concerning the crime under Article 1-3(3) and (4), (2), and (2) of the Criminal Act as stated in the judgment of the original court], the Defendant denied the charge of perjury and each of the perjury among the criminal facts of the instant case at the lower court. On October 4, 2016, the date of trial on October 4, 2016, the Defendant can be recognized to have led to the confession of each of the above crimes by stating the reasons for supplement of the appeal as of October 4, 2016.

On the other hand, after the defendant was sentenced on June 10, 2016, the "Chwon District Court" 2015 Gooman 1367, which was the case where he had caused perjury and perjury, the judgment of dismissal of appeal (Supreme Court Decision 2016No4379 Decided September 2, 2016) and the decision of dismissal of appeal (Supreme Court Order 2016Do15203 Decided November 4, 2016) became final and conclusive on November 4, 2016.

Therefore, the judgment of the court below is no longer maintained because the defendant has a reason for the necessary reduction or exemption of punishment under Article 153 of the Criminal Code.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and the following is examined.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

(a) No person other than a person handling narcotics, etc., shall administer psychotropic drugs in accordance with this part of the facts charged;