The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. On February 7, 2016, the Defendant did not purchase a philopon from the Defendant’s neighboring road located in Ansan-si.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. The part of the court below's testimony of witness G, Eul's testimony at the court below, and the part of the prosecutor's statement of G which contains facts that E sold phiphones to the defendant constitutes the protocol in which a person other than the defendant makes a statement of a person other than the defendant or the statement of its full text is recorded, and thus, evidence can be admitted at least to satisfy the requirements prescribed in Article 316 (2) of the Criminal Procedure Act. The defendant did not consent to the use of evidence. In this case, where the original statement of the defendant is denied from the court of the court below that the person cannot make a statement due to death, illness, overseas residence, or other reasons, and it is not admissible as evidence because it does not constitute the case where the original statement of the defendant was sold phiphones to the defendant, a copy of the suspect examination protocol of the E prosecutor's office (second time, the part of the court below's testimony of the suspect's office's interview with the defendant, the record of the interview with the defendant and the record of the suspect's interview with the suspect (second) and the record).