The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

The crime of importing psychotropic drugs, psychotropic drugs, and selling philophones (hereinafter referred to as "philophones") is separate crimes different from the elements of the crime, and the crime of selling philophones is naturally included in the facts charged of importing philophones.

Nevertheless, the lower court found the Defendant guilty of selling philophones ex officio without changing the indictment when it acquitted the Defendant of the facts charged of importing philophones, which was in violation of the principle of no accusation, was unlawful.

With regard to the sale of misunderstanding of facts, the Defendant did not purchase a philopon from “B” of the philopon seller, and sent the Defendant the metal lamps delivered to the Defendant by means of “one-time” method, i.e., the purpose of storage in order to get a preference when the B and G are arrested.

There is no objective evidence as to whether there is a penphone in the iron lamps received by the defendant, and if there is a philophone, the quantity is 2g or more.

Nevertheless, the court below which found the defendant guilty of this part of the facts charged erred by misunderstanding the facts.

With respect to the taking-in or smoking of marijuana, the Defendant was not aware that he had taken-in or smoked marijuana in food during the four arms festival period, and had not taken-in or smoked marijuana ingredients intentionally because he had taken-in food in the urine.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

With respect to the facts charged in the instant case, a public prosecutor shall change the importation of phiphones from among the facts charged in the lower judgment as indicated in Paragraph (1) of the same Article, and the applicable provisions of Acts shall be referred to as “narcotics Control Act”. Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act and Article 30 of the Criminal Act “Article 60(1)2, 4(1)1, and 2 of the Narcotics Control Act.”