All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

2,106,00 won from the defendant.

1. The summary of the grounds for appeal (the first instance court: imprisonment of one year and eight months, the surcharge of two thousands6,000, and the surcharge of the second instance: imprisonment of four months, and the surcharge of 100,000) declared by the court below is too unreasonable.

2. The defendant filed an appeal against the judgment of the court of first and second instances, and this court decided to jointly examine the appeal cases.

Between each crime of the judgment of the first instance court and each crime of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced 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's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the purchase, sale, provision, medication, offering good offices for sale, and keeping of notes), Article 61 (1) 6, and Article 4 (1) 2 of the Narcotics Control Act (the point of receipt of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment, respectively;

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

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

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

1. Each of the crimes of this case with the reason for sentencing of Article 334(1) of the Criminal Code for the provisional payment order is not familiar with the defendant during the period of the same repeated crime, but with a considerable amount of penphones.