All A’s appeal and prosecutor’s appeal are dismissed.

A. The punishment sentenced by the lower court (two years and four months of imprisonment, confiscation, additional collection of KRW 1,052,00) is too unreasonable.

B. The prosecutor (as to all the Defendants), who was sentenced by the lower court (as to the Defendant A: imprisonment of 2 years and 4 months, confiscation, additional collection of 1,052,00 won, Defendant B: imprisonment of 1 year, suspended execution of 2 years, observation of protection, community service work 120 hours, confiscation, additional collection of 70,000 won) is too unaffortable and unfair.

2. Determination

A. As to each of the unlawful arguments of sentencing by Defendant A and the Prosecutor, the fact that the Defendant recognized and reflected the instant crime, and the fact that the Defendant actively cooperated in the investigation of drug offenders from the original trial to the trial court is favorable to the Defendant.

On the other hand, even if the defendant is not a narcotics handler, he/she sells (Attempted to sell), delivers, administers, and possesses phiphones. The defendant distributed phiphones that he/she handled without a lot of quantity and frequency of phiphones by selling and delivering them to others. The crime is not good, the defendant has the record of being punished once the suspension of execution and four times a sentence due to narcotics crimes, and the defendant has been punished four times a repeated crime due to narcotics crimes. The crime of this case is committed during the period of repeated crime due to narcotics crimes, even during the period of repeated crime, it seems that the degree of addiction is not easy, and it is deemed that isolation from society for a certain period of time is necessary, and narcotics crimes are likely to cause debrising to individuals, homes, society, and human society, and need to be punished in light of social phenomenon beyond his/her individual criminal acts.

In full view of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, as well as various circumstances, which form the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or unreasonable.