The judgment of the court below and the judgment of the court below are reversed.

Defendant

A. Article 2-2 of the Decision of the Defendant B in 1 year and 10 months of imprisonment.

1. Summary of grounds for appeal;

A. The punishment (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 6 months) of each of the original judgment by Defendant A is too unreasonable.

B. Defendant B (1) There was no fact that Defendant B had a free 0.5g of marijuana to Defendant A, as shown in the facts charged.

(2) The punishment of the original judgment (No. 1: imprisonment with prison labor for one year and two months) is too unreasonable.

2. Determination

A. (1) First, the judgment of the court of original judgment against the defendant A was rendered after the court of original judgment rendered separate hearings against the defendant A in accordance with Article 2012, 2957, 307, 3074, and 2013, 130 and 138, respectively, and the court of original judgment against the defendant A, and sentenced the defendant to imprisonment with prison labor for the former one and half years, and the latter six months, and the above defendant appealed against each of the above decisions, and the court of original judgment decided to hold concurrent hearings. Each of the crimes of the court below against the above defendant 1 and 2 should be sentenced to one punishment within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38 (1) of the Criminal Act, since they are related to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant was all reversed.

(2) Next, on January 12, 2012, Defendant B was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on January 12, 2012, and the above judgment became final and conclusive on April 12, 2012. The crime of violating the Act on the Control of Narcotics, etc. at November 8, 2011 against the above Defendant was committed before the judgment became final and conclusive. The remaining violation of the Act on the Control of Narcotics, etc. against the above Defendant is a crime committed after the judgment became final and conclusive, and is not a concurrent crime under the former part of Article 37 of the Criminal Act, even though the above crime against the above Defendant does not constitute a concurrent crime under the former part of Article 37 of the Criminal Act, the court of first instance imposes one punishment within the scope of the aggravated