All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts charged in the instant case by misapprehending the legal doctrine, Defendant 1’s possession of phiphones (hereinafter “the instant crime of possession of phiphones”) derived from an illegal undercover investigation that caused an investigation agency to commit a criminal intent against the Defendant who did not have the original criminal intent. Thus, the prosecution following such undercover investigation constitutes a case where the procedure is null and void in violation of the provisions of the law.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

2) The sentence of the lower court (one year, ten months, confiscation, and collection) that is unfair in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, the part not guilty in the holding of the lower judgment), among the facts charged in the instant case, the fact that the Defendant purchased and sold phiphones on September 11, 2017, using approximately 10 g of phiphones from G on September 11, 2017 can be recognized.

Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Judgment on the misapprehension of the legal principle of the defendant

A. The investigation of a person who does not have the original intent of the relevant legal doctrine by causing the criminal intent by means of an investigative agency’s deception, attack, etc., and thereby arresting the criminal is unlawful.

Whether it constitutes an illegal undercover operation in a specific case should be determined by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the details and method of the incentive, the reaction of the inducer, the history of the punishment of the inducer, and the illegality of the inducing act itself.

A person who is directly related to an investigative agency appeal to the ruling or appraisal of the induced person by taking advantage of personal and friendly relationship with the induced person, or mutatis mutandis applying gold or psychological pressure, threats, etc., or making it difficult to refuse it; or