The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

20,000 won shall be additionally collected from the defendant.

Article 3-3 of the facts charged by the Defendant as to the summary of the grounds for appeal

(b) there is no fact of providing K with philophones, such as paragraphs (1) through (3).

The punishment sentenced by the court below (one year and six months of imprisonment, additional collection 200,000 won) is too unreasonable.

Judgment

The summary of the facts charged regarding the assertion of mistake in fact is that the defendant is not a person dealing with narcotics, and is not prohibited from possessing, possessing, using, transporting, managing, importing, exporting, manufacturing, preparing, preparing, administering, receiving, trading, assisting in the trade of, or providing narcotics or psychotropic drugs.

On July 16, 2017, the Defendant provided that, around 16:00, the number of rooms of the second floor of the above Gel to K by mixing the number of phiphones with the number of drinks contained in the paper cups, and by delivering it to K.

On August 2017, the Defendant provided K with 10:00 square meters of 10:0 square meters from the guest rooms in the 2nd floor of "Gel" in the Hongsung-gun F in the same manner as philophones.

On the following day, the Defendant provided K with the volume of philophones in the same way at the location of the above clause (b).

The lower court found the Defendant guilty as to this part of the facts charged as evidence, such as each police interrogation protocol and each narcotics appraisal protocol against K.

Article 312 (2) of the Criminal Procedure Act applies not only to a case where an investigative agency other than a public prosecutor makes a protocol of interrogation of a suspect against the defendant in question as evidence of guilt, but also to a case where an investigative agency other than a public prosecutor adopts a protocol of interrogation of a suspect or a protocol of interrogation of a suspect against another defendant or a suspect who is co-offenders with the defendant, or a protocol of interrogation of a suspect against the defendant, which is prepared by an investigative agency other than a public prosecutor, as evidence of guilt against the defendant. Thus, if a protocol of interrogation of a suspect prepared by an investigative agency other than a public prosecutor,