A defendant shall be punished by imprisonment for two years.

20,000 won from the defendant.

A. Each sentence sentenced by the court below to the defendant 1 and 2 (one year and six months of imprisonment with prison labor for the court of first instance, and two years of imprisonment for the court of second instance) is too unreasonable.

B. The sentence imposed by the court below of the second instance on the defendant is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the determination of their respective grounds for appeal.

The judgment of the court below was rendered against the defendant, and the defendant filed each appeal against the judgment of the court below against all of the judgment of the court below, and the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to jointly examine each of the above appeal cases.

Each of the first and second judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected;

title, Article 30 of the Criminal Act (the point of philophone medication), Article 60(3) and (1)2 of the Narcotics Control Act, Article 4(1)1 and Article 2 subparag. 3(b) of the Act on the Control of Narcotics.

Title, Article 30 of the Criminal Act ( point of attempted administration of philophones), and choice of imprisonment, respectively.

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act shall apply;