Among the judgment of the first instance court, the part against Defendant A and the judgment of the third instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

A. As to the trade of 1, 2, among the judgment of the first instance court, Defendant L (1) and the judgment of the first instance court, the above Defendant offered good offices for the trade of phiphones between A and M, but purchased phiphones from A and not returned to M.) with respect to the trade of phiphones in the judgment of the first instance court, Defendant L (1) and M, rather than selling phiphones to M without compensation.

C) Of the judgment of the first instance court, with respect to the trade of philophones, the Defendant’s phiphones purchased from A are not 0.8g, but 0.8g.) in the judgment of the first instance court, with respect to the administration of philophones during the above period, only 5 to 6 times have been administered for 15 times.

(2) The lower court’s imprisonment (one year and six months of imprisonment, additional collection of KRW 4.120,00) against the above Defendant is too unreasonable.

B. As to Defendant A(1) of this case’s obstruction of performance of duties and obstruction of performance of official duties, the above Defendant was in a state of mental disability under the influence of alcohol at that time.

(2) The lower court’s sentence (the first instance judgment: imprisonment with prison labor for 2 years, additional collection 320,000 won, and the third instance judgment: imprisonment with prison labor for 4 months) against the above accused is too unreasonable.

C. Defendant W (1) With respect to the sale of philophones, there is a fact that Defendant W (1) obtained 0.05g philophones from V, but does not purchase philophones.

(2) The lower court’s imprisonment (one year of imprisonment, additional collection of KRW 500,00) against the above Defendant is too unreasonable.

The prosecutor (as to the defendant W), the court below's sentence against the above defendant is too untilted and unfair.

2. Determination

A. (1) In addition to the evidence duly examined and adopted by the court below as to the determination of misunderstanding of facts as to Defendant L, in particular, the statements in investigation agencies and courts of A and M, and the statements in investigation agencies of the above defendant, the fact that the above defendant purchased phiphones from A and sold them again to M, and the above fact that the above defendant purchased phiphones from A to M.