Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the first sentence: imprisonment of one year and two months and fine of 500,000 won) on Defendant M is too unreasonable.

B. The sentence (the first instance judgment: imprisonment with prison labor for a year and two months, and the second instance judgment: imprisonment with prison labor for a period of four months) imposed by each Defendant A is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by Defendant A’s ex officio determination of Defendant A’s grounds for appeal, this Court decided to concurrently examine each appeal case against the judgment of the court below. The crimes of the court below Nos. 1 and 2 found Defendant A guilty are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and the crimes of the court below’s judgment that found Defendant A guilty are concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the part against Defendant A and the judgment of the court below of the court of first instance cannot be maintained further.

B. Although the Defendant was sentenced to one year of imprisonment for the same kind of crime on February 8, 2015, and the execution of the sentence was completed on October 8, 2015, the Defendant constitutes a repeated crime by committing the instant drug crime, the Defendant had the same record as the Defendant two times, the Defendant had purchased, provided, and possessed the instant case in addition to the two types of penphone medication, and other various conditions of sentencing as indicated in the record and the change theory, including the Defendant’s age, sexual behavior, and the past record, etc., the sentence imposed by the lower court is not heavy.

3. In conclusion, the part against Defendant A and the judgment of the court below against Defendant 2 in the judgment of the court of first instance are reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows. Since the appeal against Defendant M is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.