The judgment of the court below is reversed.

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

Nos. 6, 7, 12, and 13, respectively, of seized evidence.

1. Summary of grounds for appeal;

A. Upon L’s request, the Defendant: (a) committed an act of arranging the use of a cropphone to D to receive a cash of one million won; and (b) the Defendant did not directly sell a cropphone to D; and (c) the lower court convicted the Defendant of the charge of violating the Act on the Control of Narcotics, Etc. due to the purchase and sale of cropphones (fropphones) by misunderstanding the fact.

B. Although there is a need to treat and care the Defendant, the lower court did not request the prosecutor to request the treatment and care.

(c)

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. (1) On April 2016, the Defendant: (a) around 23:00 on the lower order of April 2016, the summary of this part of the facts charged was 1,60,000 philophones trading philophones with 10 square meters from D’s dwelling places located in Mapo-gu Seoul Metropolitan Government C and 102, and 1,600,000 won in cash.

(2) According to the evidence duly adopted and examined by the lower court, the lower court, and the first instance court (see, e.g., the lower court’s statement in part of the L, the statement in the prosecutor’s interrogation protocol against the Defendant, and the statement in the Seoul Western District Court Decision 2016No. 1414, Apr. 1, 2016), it can be sufficiently recognized that the Defendant sold phiphones to the lower order D on April 2016 as indicated in the above (1). Therefore, the Defendant’s assertion of mistake is without merit.

B. In determining the misapprehension of the legal doctrine, Article 4(1) of the Act on the Medical Care and Custody, Etc. can be applied to the competent court where a person subject to care and custody needs to receive medical care and custody.

Article 4 (7) of the same Act provides that "a court shall be subject to the treatment and custody as a result of the examination of a prosecuted case, if it deems it reasonable to place the case in the treatment and custody."