All the judgment below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

No. 5 of seized evidence.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 10 months, confiscation and collection, and the second instance judgment: imprisonment with prison labor for 6 months and collection) that the original judgment sentenced to the defendant is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Prevention of Narcotics, Etc. (the points of phiphone medication around August 9, 2014) concerning criminal facts, Articles 60(1)2 and 4(1) and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act (the points of phiphone medication around December 2013), Articles 30 of the Criminal Act (the points of phiphone medication) and each choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that even though the defendant was sentenced to suspension of indictment for the same kind of crime in 2012, he again committed the instant crime, and the instant crime is committed by the defendant.