The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

3,100,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely merely a role of delivering philophones between M and F, but does not sell philophones to F for any benefit.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can recognize the fact that he sold phiphones to F as stated in the facts constituting the crime in the judgment below upon F's request. Thus, the defendant's assertion of mistake of facts is without merit.

B. As to the assertion on unfair sentencing, the crime of this case on the assertion on unfair sentencing is deemed to have been committed by the defendant two times, and its nature reaches 15g in total, and even if the defendant has no record of being punished for the same crime before the crime of this case, and the first head of the judgment of the court below, which has concurrent relation with the crime of violation of the Act on the Control of Narcotics, etc. (the head of the first head of the judgment of the court below), should consider equality with the case where the defendant was tried (the defendant was sentenced to a suspended sentence even after considering the fact that he has contributed to the investigation cooperation, and the defendant was sentenced to a suspended sentence, and the defendant was informed of the person who concealed the crime of this case and reported the F as a drug offender at the time of the investigation cooperation, and the fact that the F was tried to be prosecuted by informing the crime of this case, taking into account various circumstances such as the defendant's age, character and conduct, environment, etc., and the sentencing conditions as indicated in the records and arguments of this case, the judgment of the court below is somewhat unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.