The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

510,400 won from the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the instant facts charged, did not sell or deliver phiphones to C free of charge.

The legal statement of the witness C by the court below is not reliable.

B. The punishment sentenced by the lower court (a two years and two months and additional collection) is too heavy.

2. Determination

A. On the assertion of mistake of facts, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the spirit of substantial direct psychologicalism adopted by the Korean Criminal Procedure Act.

Unless there are extenuating circumstances to view that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is significantly unfair, or in full view of the results of the first instance examination and the results of an additional examination conducted until the closing of pleadings in the appellate trial, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). The lower court convicted the Defendant of the charge of selling the Defendant’s penphone and issuance of phiphones based on the legal statement made by the witness of the lower court C.

Examining the judgment of the court below closely by comparing it with the records, the above judgment of the court below is just, and there is no exceptional circumstance to reverse the judgment of the court below as to the credibility of the witness C’s legal statement.

Therefore, the defendant's assertion of facts is without merit.

B. As to the unfair argument of sentencing, narcotics crime is a crime that has a serious harm to the physical and mental health of the people and requires strict punishment.

However, the equity between punishment and punishment should be taken into consideration at the same time with the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).

The defendant has several times of power, but all of them are administered simply.