The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

2,940,00 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. As indicated in the facts charged, the Defendant did not have purchased psychotropic drugs from C at least twice on October 2012 and around November 2012, 2012 (i.e., one philopon; hereinafter “philopon”), and there was no fact that he/she free of charge delivers and sells philopon to K around February 2013.

(2) On the other hand, the court below's judgment which found the defendant guilty as all of the facts charged is erroneous in the misconception of facts.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of imprisonment and two months of collection) is too unreasonable.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the relevant legal principle and the evidence duly examined by the first instance court, unless there exist extenuating circumstances to deem that the first instance court clearly erred in its determination, or where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair considering the result of the first instance court’s examination and the result of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court shall respect the first instance judgment on the credibility of the statement made by a witness of the first instance court (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2017Do7871, Mar. 29, 2018). In light of the aforementioned legal principle, the lower court’s determination that the Defendant lawfully admitted the evidence and found all of the facts charged by the lower court.