The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not administer philophones, the lower court found the Defendant guilty of the instant facts charged on the ground of H’s statement without credibility.

B. The punishment sentenced by the lower court (an additional collection of KRW 1 year, 100,000) is too unreasonable.

2. Determination

A. The judgment of H on the assertion of mistake of fact is consistently made by the investigative agency from the date of the original trial to the date of the original trial in detail on the Defendant’s penphone medication and its circumstances.

Even if H’s statement is inconsistent or somewhat inconsistent with the facts, as alleged by the Defendant, regarding the contents of the conversation that H had visited and divided the Defendant before the instant case, and whether H had a direct contact with the police officer (G) at the time of the instant case, this is merely an incidental matter that is not directly related to the facts charged, and thus, the credibility of H’s statement cannot be rejected.

Therefore, there is a violation of law by mistake in the lower judgment that found Defendant guilty on the grounds of the above H’s statement, etc.

Therefore, the defendant's above assertion is without merit.

B. In light of the fact that the defendant completed imprisonment for the same kind of crime even though he/she had been punished several times for the same crime, and immediately released phiphones, and the nature of the crime is grave, and other various sentencing conditions such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime are considered, it cannot be said that the sentence imposed by the court below is too excessive and unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.