The defendant's appeal is dismissed.

Inasmuch as the Defendant did not know the fact that the substance used for the instant crime was a mental medicine, the Defendant did not have any intention to commit a violation of the Narcotics Control Act.

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

Judgment

In light of the circumstances acknowledged by the lower court’s duly adopted and examined evidence as to the assertion of mistake or misapprehension of the legal doctrine, namely, the Defendant: (a) took a prescription of the Rady and stroke-mm in the manner of the instant crime by being treated with strokes, etc. at the I hospital (Evidence No. 254 pages); and (b) the Defendant voluntarily stated that the Rady and stroke-m can not be purchased without the doctor’s prescription; (c) the Defendant was aware of the fact that the Rady and stroke-m were used in the instant crime, at least, as used in the instant crime, and that the Radym and stroke-strokem

The defendant stated in the court below that all the facts charged, including this part of the facts charged, was admitted in the court below. In light of the defendant's statement in the investigative agency, the confession in the court below's above is acknowledged as a voluntary credibility of performance. Therefore, this part of the defendant's assertion is without merit.

The fact that the defendant's health status of the defendant is not good, and that the defendant is against his mistake while recognizing all the facts of the crime of this case, is favorable to the defendant.

On the other hand, the defendant induced the victim of sexual traffic to the telecom, and caused the victim to lose the mind by administering the Rady mm and scamm, which is a local mental medicine, and 3,750,000 won in cash. In light of the course, method, risk, etc. of the crime, the criminal liability is grave, but the defendant took particular measures to recover the damage.