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All judgment of the court below shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for two years and by imprisonment for ten months.
Reasons
1. The summary of the grounds for appeal is unreasonable because all of the punishments (the first instance court: imprisonment with prison labor for each of the Defendants, and the second instance court: imprisonment with prison labor for each of the Defendants, and one year and two months, confiscation, and additional collection for each of the defendants A) declared by the original court to the Defendants are too unreasonable.
2. Determination:
A. The judgment of the court of first instance (the part against Defendant A and the judgment of the court of second instance in the judgment of the court of first instance) rendered ex officio with respect to Defendant A (the part against Defendant A and the judgment of the court of second instance in the judgment of the court of first instance) decided to jointly examine each appeal case against Defendant A among the judgment of the court of first instance, and on the other hand, each offense against Defendant A is in a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, the part against Defendant A and the judgment of the court of second instance in
B. The judgment on the grounds of appeal by Defendant B (the part against Defendant B in the judgment of the court of first instance) is that Defendant B administered approximately 0.05g of Metepia (hereinafter “philophone”), and narcotics-related crimes are highly likely to cause severe social harm and harm caused by toxicity of narcotics, etc., and thus, requires strict punishment, and the above Defendant has been subject to three criminal punishment for the same crime, and in particular, on December 21, 2012, the Busan District Court sentenced Defendant B to imprisonment with labor for one year for the violation of the Act on the Control of Narcotics, etc. and the Act on the Control of Narcotics, etc. (math) and completed the execution of the sentence on June 20, 2013, taking into account the fact that the above Defendant committed the instant crime while the repeated crime was committed.
However, Defendant B led to the confession of the instant crime, and the depth of his mistake, and the said Defendant himself.