All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Regarding the fact of violation of the Act on the Control of Narcotics, Etc. (fence) among the facts charged in the instant case, Defendant did not administer the Melopon (hereinafter “Melopon”) as indicated in this part of the facts charged, and the Defendant’s detection of Melopon ingredients from the result of appraisal on the Defendant’s urine was taking advantage of domestic control and sexual function improvement measures.

B) In addition, this part of the facts charged did not specify the Defendant’s writing medication date, time, method, etc., which constitutes a case where the prosecution procedure is invalid in violation of the provisions of the law. 2) The punishment sentenced by the lower court of unreasonable sentencing (one year and four months of imprisonment, and two hundred thousand won of collection) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Determination on the assertion of mistake of facts or misapprehension of legal principles 1) The Defendant administered philophones in an irregular manner between August 29, 2018 and September 14:50, 2018.

B) The Defendant, from November 17, 2018 to November 19:00, 2018, administered philophones in an irregular manner at a place below Busan (hereinafter referred to as “malphones”). 2) The lower court found the Defendant guilty of this part of the facts charged, comprehensively taking account of each of the evidence in its judgment.

3) The facts charged pertaining to the determination of whether or not the facts charged are specified should be stated by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the law seeking the specification of the facts charged is to facilitate the exercise of the defendant’s right to defense. As such, the facts charged is to the extent that the facts charged can be identified differently from the facts charged, by taking account of these factors.