All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

406,000 won shall be additionally collected from the defendant.

1. The gist of the grounds for appeal is that the punishment of the lower court (Article 1: 10 months of imprisonment, 306,000 won of a surcharge, and 2: Imprisonment with prison labor for 4 months and 100,000 won of a surcharge) is too unreasonable;

2. Each appeal case against each judgment of the court below was joined in the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. Each of the offenses committed by the defendant in each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the court below. In this regard, each judgment of the court below cannot be maintained.

3. As such, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided upon

[C] The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to those stated in the corresponding column of each judgment of the court below, except where the "Mempis" is corrected as "Mempis" among the facts constituting an offense in the second judgment, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the trade, medication, possession, and provision of a penphone), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 4 (1) 2 (the point of keeping marijuana) of the Act on the Control of Narcotics, etc., Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics,

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

1. The crimes related to the medication and distribution of narcotics for the reasons of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be those addicted due to such serious addiction and propagation;