The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

A. Defendants 1) In relation to the crime of misunderstanding of facts and misunderstanding of legal principles (defendant A), there was no intention to conceal I, and Defendant A had been forced to voluntarily attend the police station after entering the police station in currency with the criminal charge by I, and there was no need to conceal I.

2) The sentence of the lower court (the Defendants: one year and six months of imprisonment, and additional collection of KRW 8560,000) is too unreasonable.

B. In relation to the part not guilty of Defendant A [the violation of the Act on the Control of Narcotics, Etc. from Sale of Handphones by Police Officers in May 2016 (the violation of the Act on the Control of Narcotics, Etc. from Sale of Handphones by Police Officers in Police Officers in May 2016) it is recognized that Defendant A sold Handphones to AT on May 2016, according to the investigation trial officer of T and AW and the legal statement of the lower court.

2) The lower court’s punishment is too uneasible and unfair.

2. Determination

A. 1) We examine Defendant A ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, on November 23, 2016, Defendant A was sentenced to imprisonment with labor for ten months for a crime of violation of the Narcotics Control Act in Seoul Southern District Court (2016 High Court 2877) and two years for a suspended sentence, and appealed from the appellate court (Seoul Southern District Court 2016No. 2489), and it is recognized that the above judgment became final and conclusive on March 19, 2018 after withdrawing an appeal from the appellate court (Seoul Southern District Court 2016No. 2016No. 2489). The crime of violation of the Act on the Control of Narcotics, Etc., which was decided by the lower court against Defendant A, in relation to a concurrent crime under Article 37 of the Criminal Act, and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive shall be sentenced to punishment on the crime of violation of the judgment of the lower court in consideration of equity in cases where it is judged simultaneously pursuant to Article 39(1)

2) In full view of the judgment of the lower court as to Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, and the evidence duly adopted and examined by the lower court, Defendant A.