A defendant shall be punished by imprisonment for eight years.

2. We examine ex officio prior to the judgment on the grounds for appeal.

Of the facts charged in the instant case, the lower court found Defendant guilty by applying Article 11(2)1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) with respect to the possession of Cocar on October 30, 204.

In this regard, the prosecutor applied the law to the above facts charged at the trial of the party to the effect that "Article 11 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016)" is changed to "Article 11 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes," and the judgment of the court below cannot be maintained any more because the above facts are changed

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 (2) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 59 (1) 9 and Article 4 (1) 1 of the Narcotics Control Act, Article 30 of the Criminal Act, the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same) (the possession of Cocar on October 30, 2004); Article 11 (2) 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010); Article 59 of the former Act on the Aggravated Punishment, etc. of Narcotics, Etc. (Amended by Act No. 10210, Jun. 7, 2011).