The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, on August 18, 2012, did not receive and administer Metepha (hereinafter “philopon”) from D in the form of injection at around 18:00, among which he was found to have been guilty of all the facts charged in the instant case by adopting false information to create a public figure, even though he did not have been administered in the form of injection after having purchased Melopon from D in the form of D’s arrangement around August 18, 2012, the Defendant purchased Melopon from D or in the form of injection. In addition, the lower court erred by misapprehending the facts against the rules of evidence, which found the Defendant guilty of all the facts charged in the instant case by adopting false information to create a public figure or a statement of G that is not directly related to the facts charged.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of probation, 80,000 won of probation and 1.1 million won of collection) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) The lower court found the Defendant guilty of all the charges of this case on the ground that: (a) after examining the witness of D and G on the ground of a mistake of fact, the Defendant’s statement D and G in the course of delivery, the process of medication, and before and after the lapse of the examination; (b) the consistency of the statement was not only mutually consistent; and (c) each of the above statements was consistent; and (d) the Defendant’s crime can be sufficiently acknowledged if the results of the maternity appraisal were added to the above statements.

(2) In full examination of the evidence of this case in light of the records, we find it reasonable to determine the guilty of the facts charged based on the above fact-finding and legal principles of the court below.

In this context, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant administered Da and a single philopon from 7.503 Dongwon-gun, Gangwon-do, the Defendant’s residence, by means of drinking water.