【Defendant A’s guilty part against Defendant A and the judgment of the court below against Defendant A, respectively.

I. As to Defendant A

1. The prosecutor's appeal to the gist of the grounds for appeal is that there is a mistake of fact in the part not guilty of the first instance judgment, which affected the conclusion of the judgment.

In addition, the punishment prescribed by each court of the original instance (the additional collection of 200,000 won for 1 year and 2 months of imprisonment; the additional collection of 100,000 won for 2 months of imprisonment) is too unhued and unfair.

Defendant

The grounds for appeal A are that the above-mentioned sentence prescribed by each court of the original instance is too unreasonable.

2. Prior to the judgment on the grounds for appeal, we examine ex officio.

The appeal case against the judgment of the court of first instance, No. 2016 No. 4152 of this Court, and the appeal case against the judgment of the court of second instance, was consolidated in the trial proceedings of the court of second instance.

Each of the crimes in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act.

Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.

Therefore, the guilty part of the judgment of the court of first instance and the judgment of the court of second instance can no longer be maintained.

On the other hand, among the judgment of the first instance court, the prosecutor's appeal on April 4, 2016 on the violation of the Act on the Control of Narcotics, Etc. ( native to the latter), which is the part not guilty.

Examining the reasoning of the lower judgment’s acquittal and the evidence duly admitted and examined by the lower court, the lower court’s determination that the Defendant was not guilty on the basis of such evidence judgment is acceptable.

The judgment of the court below is not erroneous as it is alleged by the public prosecutor.

3. As the conclusion with Defendant A, the guilty part of the judgment of the court below of first instance and the judgment of the court below of second instance are reversed ex officio. Thus, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a group of statements on the determination of unfair sentencing by both parties, and the judgment below is reversed and it is again decided as follows.

On the other hand, among the judgment of the first instance, Defendant.