All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (such as three years of imprisonment for Defendant A, one year of imprisonment for Defendant B, two years of suspended execution, etc.) of the lower court is too unfluent and unreasonable.

B. Defendants 1) 1 of the misunderstanding of the legal principles as to the self-denunciation (Defendant A) voluntarily surrenders each of the instant crimes from the initial stage of the investigation to the cooperation in the investigation. Nevertheless, the judgment of the court below without reducing the number of self-denunciation is erroneous by misapprehending the legal principles as to the self-denunciation, which affected the conclusion of the judgment. 2) The judgment of the court below’s unfair sentencing (Defendant A) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles as to the self-denunciation of Defendant A, a self-denunciation as stipulated in Article 52(1) of the Criminal Act refers to the expression of intent to voluntarily report the criminal facts to an investigative agency and to seek the prosecution thereof, and the main reason for the reduction of punishment lies in that the offender is divided into the crime. As such, a self-denunciation who denies the criminal facts or has not been divided into the crime cannot be said to be a true self-denunciation which serves as the legal ground for mitigation of punishment even if the person voluntarily

(See Supreme Court Decisions 93Do1054 delivered on June 11, 1993, 94Do2130 delivered on October 14, 1994, etc.). In addition, in a case where only a part of several criminal facts is self-denunciationed, the number of persons only for such part of criminal facts shall be effective.

(See Supreme Court Decision 94Do2130 Decided October 14, 1994, etc.). According to the evidence duly adopted and examined by the court below, the prosecutor has commenced the investigation into B after receiving a report from the Incheon Customs office that B contains approximately 6.09g of philopon on an international express class postal item which is a recipient, and the defendant has been present at the prosecutor's office on June 20, 2019, before the investigation into the defendant has yet to commence, before the investigation into the defendant is conducted, he/she voluntarily appears at the prosecutor's office on June 20, 2019, and led a confession of the crime of 0.2g philopon and philopon medication, but he/she was inspected for urine and f.09g on June 2, 2019.