The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

provided, however, that the above judgment has become final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the facts charged in the instant case by mistake of facts 2012 Godan4637, the Defendant, upon the H’s request, was merely to receive the h’s penphone from E, but the lower court found the Defendant guilty by misapprehending the facts.

B. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant consistently asserts that H from the investigative agency to the trial of the party concerned, the Defendant: (a) requested E to build a phiphone and receive the phiphone; (b) stored the phiphone by receiving the phiphone from H; and (c) pursuant to H’s instructions, the Defendant merely stated that E phiphones were dried and delivered the phiphones to E on two occasions, as indicated in this part of the facts charged, and then received and delivered the phiphones from E.

The Defendant, as evidence that the Defendant independently sold phiphones to E, has made a statement at H, E’s investigative agency and court. However, according to the evidence duly admitted and investigated by the lower court and the trial court, i.e., the following circumstances acknowledged by the evidence: (i) H first made a statement at the prosecutor’s investigation conducted by the prosecution that “I purchased phiphones from the person who was the Defendant’s child on March 3, 2012,” and (ii) on March 21, 2012, after the prosecutor’s investigation conducted on March 21, 2012, he reversed the Defendant’s statement that “I purchased phiphones from the Defendant on March 3, 2012, along with the Defendant on March 21, 2012, the Defendant purchased phiphones from the Defendant on March 21, 2012; and (iii) the Defendant did not directly appear on the 20th day after the 20th day.”