The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of legal principles 1) In the event of possessing a remaining philophone after purchasing a philophone and administered it, the possession of philophones is inevitably followed by the purchase and medication, and thus no separate crime is established.

2) The instant case constitutes a naval investigation where a police officer who is the most general person caused a criminal intent to the Defendant through mobile phone hosting, i.e., a police officer.

B. The sentence of the lower court that is unfair in sentencing (the imprisonment of eight months, confiscation, and collection of 200,000 won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the legal doctrine, where a person continues to possess a philophone without taking a disposition of the philophone purchased without taking the philophone, it is merely an indivisible relationship with the trading act, or a temporary progress by taking it as a philosophical result accompanying the trading act.

Unless assessed, the act of possession does not cover the act of sale and purchase, but constitutes the crime of possession of phiphone separately from the crime of sale and purchase of phiphones (see Supreme Court Decision 95Do869, Jul. 28, 1995; Supreme Court Decision 9Do1744, Aug. 20, 199, etc.). According to evidence, the defendant purchased phiphones on May 9, 2016 and administered phiphones twice on the same day. The defendant sought a person to administer phiphones on May 10, 2016 after the following day, and the defendant sought a person to administer phiphones at around 07:20, May 10, 2016, and on the same day, it can be recognized that he was arrested at the police in Seongbuk-gu, Seoul with phiphones without holding phiphones around 09:25, and the defendant's act of purchase and sale of phiphones cannot be viewed as an indivisible act of the defendant.

Therefore, the defendant's above assertion is rejected.

2) Determination as to the assertion on the investigation of naval vessels is made.