The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant, at an investigative agency or a court of the lower court, led to the confession of each of the crimes of the lower judgment 2016 Highest 2802 cases at the lower court, the Defendant was merely a false confession for early release in a situation where the body is not good due to brain dead, etc., and the Defendant did not actually engage in the act of arranging the purchase and sale of philopon on June 17, 2014 and the act of soliciting the sale of philopon and the act of administering philopon on May 2015.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment of the lower court (one year of imprisonment, additional collection) is too unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of fact 1) The admissibility or credibility of a confession is doubtful solely on the grounds that the confession in the court of first instance at the court of appeal differs from the legal statement at the court of appeal.

In determining the credibility of a confession, the credibility of a confession shall be determined by taking into account the following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below based on the above legal principles as to the mediation of sale and purchase of self-phones on June 17, 2014 and the mediation of sale and purchase of the self-phones and the part concerning the medication of the confession, what the motive or reason for the confession is, what is the reason why the confession was caused, what is, and whether there is any conflict or inconsistency with the confession among other evidence than the confession (see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below based on the above legal principles, the confession of the defendant is credibility and sufficient evidence to reinforce this part of the crime.

(1) The Defendant consistently stated in the police and prosecutorial investigations that this part of the facts charged was recognized, and also on the trial date of the lower court.