All parts of the judgment of the court below against Defendant A and B shall be reversed.

Defendant

A, Defendant, and Defendant, respectively, shall be punished by imprisonment of one year and four months.

1. The summary of the grounds for appeal is unreasonable because the punishment sentenced by the first instance court to the Defendants (one year of imprisonment with prison labor) and that sentenced by the second instance court to Defendant A (six months of imprisonment with prison labor) are too unreasonable.

2. Determination

A. The judgment of the court below and the judgment of the court below of the second instance against Defendant A rendered each judgment, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, among the judgment of the court below, the part against the defendant A among the judgment of the court below cannot be maintained.

B. The crime of this case with respect to Defendant B is an unfavorable condition against Defendant B, such as that Defendant B, who had been illegally staying in the Republic of Korea, purchased several times the so-called “Yab,” and administered the so-called “Yab,” and that the nature of the crime is not good. The crime of narcotics requires severe punishment to eradicate the crime since it adversely affects society due to serious toxicity, and that Defendant B shows the form of administering narcotics even after the arrest of the person who sold the narcotics to himself.

However, in full view of the favorable circumstances such as Defendant B’s recognition of all of the instant crimes, Defendant B did not seem to have handled narcotics in bulk, and did not seem to have provided narcotics to others, and Defendant B did not have any history of criminal punishment in the Republic of Korea, the sentencing conditions such as Defendant B’s age, character, character, environment, and family relationship, it is deemed that the sentence imposed by the lower court is too unreasonable.

3. Accordingly, the part of the judgment of the court below as to Defendant A has a ground for ex officio reversal, and Defendant B’s appeal is justified.