The judgment of the court of first instance against Defendant A and the judgment of the court of second instance shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment with prison labor for four months sentenced by the lower court to Defendant A is too unreasonable.

B. The first instance court’s sentence (for Defendant A: imprisonment of 2 years and 6 months, confiscation, Defendant B: imprisonment of 1 year and 6 months, 2 years of suspended execution, and confiscation) declared by the court below to the Defendants is too uneasible and unreasonable.

2. Determination

A. Prior to the judgment of ex officio as to the grounds for appeal by the defendant A and the prosecutor, prior to the judgment of the court below, the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, the defendant A filed an appeal against the judgment of the court of second instance, and the court of first instance decided to hold concurrent hearings against each of the above appeals (However, as seen below, the part against the defendant B in the judgment of the court of first instance is excluded from those subject to the consolidated examination), and so long as the facts constituting the above judgment of the court of first instance are in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance and the court of

B. Defendant A’s defense counsel in ex officio determination as to whether illegal collection evidence was obtained, the first instance judgment did not follow the procedure of arrest in a voluntary manner despite having actually arrested the above Defendant B, who was an accomplice, even after the police officer arrested the above Defendant B, and did not follow the procedure of arrest in the form of a voluntary act despite having been actually forced to seize and search the means of access, etc. in the above Defendant’s residence. As such, the above evidence and the evidence acquired therefrom in accordance with the rules of exclusion of illegally collected evidence cannot be used as evidence of guilt.

According to the evidence duly adopted and examined by the court below and the court below, the police officer who investigated the instant case arrested Defendant B, an accomplice, as a flagrant offender.