Of the judgment of the court of first instance, the part on Defendant B and the judgment of the court of second instance are reversed.

Defendant

B Imprisonment with prison labor for one year.

1. Summary of grounds for appeal;

A. The punishment sentenced to the first instance judgment (a punishment of imprisonment with prison labor for 2 years, confiscation, and collection KRW 100,000) of Defendant A is too unreasonable.

B. Defendant B’s punishment (the first instance judgment: imprisonment with prison labor for a year, confiscation, additional collection of KRW 406,00, and KRW 2: imprisonment for a year, confiscation, and additional collection of KRW 1 year, confiscation, and additional collection of KRW 800,00) that was sentenced to the first and second instance judgment (the first instance judgment against the lower judgment) is deemed to be unfair, respectively.

(c)

Defendant

C) 1) Fact-finding (as to the judgment of the court below of first instance), the Defendant did not sell a phiphone to A in collusion with one-person “U” and “total books,” etc. However, it is merely a fact that the Defendant connected a phiphone so that he can purchase a phiphone upon A’s request and delivered a phiphone upon A’s request. 2) The sentence (2) sentenced by the first instance court of sentencing unfair sentencing (2.5 million won) is too unreasonable.

2. Determination

A. We examine the defendant's reasons for appeal as to the defendant B ex officio prior to the judgment on the grounds for appeal.

The first and second court rendered a judgment after having completed a separate hearing against the defendant, and the defendant filed an appeal against the first and second court judgment, and this court decided to hold a joint hearing of each of the above appeals cases.

However, in the case of the first instance judgment against the defendant and the second instance judgment against the defendant, a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part of the judgment of the court below against the defendant B and the judgment of the court below of the court below of the second instance cannot be maintained.

B. The circumstances favorable to the defendant are that the defendant's judgment on the grounds for appeal by the defendant A recognizes all of the crimes and is against the defendant, and that the defendant actively cooperates in the investigation of relevant narcotics and is arrested.

However, the defendant has three criminal records for the same kind of crime and is in particular during the period of repeated crime.