All the judgment below is reversed.

Defendant

A shall be punished by imprisonment for two years, and imprisonment for one year and six months, respectively.

1. Summary of grounds for appeal;

A. Defendant A1’s misapprehension of the legal doctrine (as to the case of the original adjudication, 2014Kadan262), the facts charged in the case of 2014 Godan262 at the time of the original adjudication (as to the case of the original adjudication, paragraph (1) of the facts charged) is basically the same as the facts charged that became final and conclusive in the case of 2013 Godan3821 at the time of the original adjudication. As such, the judgment of acquittal of this part of the facts charged should be sentenced to a judgment of acquittal. 2) misunderstanding of facts (as to the case of the original adjudication, 2014 Godan1094 at the time of the original adjudication), there is no fact that the Defendant committed each crime (as to the case of the original adjudication, paragraph (4) of the facts

3) The sentence of the lower court’s unreasonable sentencing (the collection of 2 years and 800,000 won for imprisonment) is too unreasonable and unfair. B. Defendant B (the charge No. 3-A) misunderstanding of facts (the charge No. 3-A) at the time of original adjudication, Defendant 3-A of the criminal facts at the time of original adjudication.

There is no fact of selling philophones to A as described in the paragraph.

2) The sentence of the lower court’s unreasonable sentencing (a 2-year imprisonment, confiscation, and additional collection of KRW 500,000) is excessive and unfair. (c) The prosecutor (a) of the lower court on the Defendant B’s grounds that the sentence against the Defendant B is too unreasonable and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio as to Defendant A’s grounds for appeal, the Prosecutor applied for changes in the contents of “Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)” in the name of the offense against Defendant A, and the applicable provisions of Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014), and Article 366 of the Criminal Act (amended by Act No. 12896, Dec. 30), “Article 369(1) and Article 366 of the Criminal Act” as “Article 369(1) and Article 366 of the Criminal Act” in the name of the offense against Defendant A. As such, the judgment below was no longer maintained.

If so, the judgment of the court below on the ground of the above ex officio reversal is added.