All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Each sentence imposed on the Defendant by the lower court (No. 1-A, B of the lower judgment’s holding, 8 months imprisonment, 1-C of the lower judgment, and 2-C of the lower judgment) is too unreasonable.

B. Each sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

2. Determination

A. Article 1-A of the lower judgment’s holding that the Defendant made confession of each of the instant crimes and Article 37 of the Criminal Act against the Defendant’s mistake in depth. Each of the instant crimes is favorable circumstances where: (a) the instant crime is one of the concurrent crimes under the latter part of Article 37 of the Road Traffic Act (unlicensed Driving) and the latter part of the Criminal Act, which became final and conclusive on January 5, 2017; and (b) it is necessary to determine the punishment in consideration of equity with the case to

On the other hand, the crime of spreading philophones, such as selling, teaching, arranging the sale and purchase of philophones, is one of the largest causes that do not eradicate narcotics-related crimes, and it is necessary to strictly cope with them, and the defendant has been punished for the same crime.

In addition, given that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the judgment below, comprehensively taking into account the following factors: (a) the facts leading up to each of the crimes of this case, the circumstances after the crime, and the Defendant’s environment, etc.; and (b) the punishment imposed by the court below on the crime No. 1-A as stated in the judgment of the court below is too heavy or unreasonable, and thus, the above assertion by the Defendant and the prosecutor is without merit.

B. As to the portion of the crime No. 1-C and the crime No. 2-C in the holding of the court below, the Defendant is more favorable to the Defendant who made a confession of each of the instant crimes and reflects his mistake in depth.

On the other hand, on December 28, 2016, the defendant was sentenced to the suspension of the execution for 6 months by imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Eastern District Court.