Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The defendant (unfair sentencing)'s each sentence of the court below (the first sentence: imprisonment with prison labor for one year, confiscation, additional collection/the second sentence: imprisonment for six months, suspended execution for two years, additional collection, observation and order to attend a course) is too unreasonable.

B. According to the evidence submitted by the prosecutor (misunderstanding of facts), the Defendant possessed the Defendant, around September 15:10, 2015, in a manner that keeps a large amount of philophone dust on his hand in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Although the facts charged can be fully recognized, the court below rendered a verdict of innocence on this part of the facts charged, and there is an error of law by misunderstanding facts in the judgment of the first instance court, which affected the conclusion of the judgment.

2. Ex officio determination

A. On April 24, 2015, the High Court of the first instance rendered a judgment against the Defendant as the High Court of the Republic of Korea Branch of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High Court of Gwangju District Court of the High Court of the High Court of the High Court of the High Court of the High Court of the High

B. However, since each crime of the lower court against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act, the lower court’s judgment and the lower court’s judgment No. 1 and the second instance judgment were no longer maintained.

(c)

However, the prosecutor's assertion of mistake about the judgment of the court of first instance is still subject to the judgment of the court of this Court, and the following is examined.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant, around 15:10 on September 3, 2015, keeps a large amount of fingerphones from his hand in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.