The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not sell approximately 13.56 g of philopon to D at the date and place specified in paragraph (1) of the crime committed in the judgment of the court below.

Nevertheless, the court below pronounced guilty of this part of the facts charged (hereinafter “the facts charged subject to appeal of this case”) and there is an error of law by misunderstanding the facts and affecting the judgment.

B. The sentence of the lower court (a year of imprisonment, an additional collection charge of KRW 100,00) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, may find out the following circumstances, i.e., the police in September 8, 2016, which were revealed in the process of the party’s oral argument, and i.e., D, the Defendant’s phiphonephones on the cigarette packaging, which caused 350 only “3.5 million”.

On September 9, 2016, the Defendant made a statement to the effect that “I have to go to the police” when he was arrested at the police station on September 9, 2016, and the Defendant also stated that “I have been arrested at the police station at the F Rest parking lot” (this investigation record No. 108), ② D has submitted a written statement to the effect that “I have received the penphone from the Defendant without compensation” (the trial record No. 276 of the trial record), and the trial court adopted and summoned D as a witness to hear the reasoning that the statement was reversed, but D did not comply with the summons for the trial. ③ According to D’s statement, the Defendant and D came to know about several times in 2015 and were arrested at the police station (the investigation record No. 44 of the investigation record), and the Defendant had no special reasons to have been issued within 70,000 won prior to the Defendant’s statement (the investigation record No. 4 of the investigation record).