The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. Defendant (the second instance judgment on the judgment of the court below on the grounds of unfair sentencing), the second instance court’s punishment (the imprisonment for two months, the additional collection of KRW 800,000) on the Defendant is too unreasonable.

B. The first instance court’s punishment against the Defendant (a 4-year imprisonment, an additional collection of 52,400,000 won) on the ground that the prosecutor’s (a 1-year imprisonment, an unreasonable sentencing decision) is too unfeasible and unfair.

2. Before deciding on the assertion of unreasonable sentencing by the Defendant and the prosecutor, this paper examined ex officio.

According to the records, the prosecutor against the defendant among the judgment of the court of first instance, and the defendant respectively filed an appeal against the judgment of the court of second instance, and the court of first instance decided that the part against the defendant among the judgment of the court of first instance and each appeal against the judgment of the court of second instance

Each of the judgment below against the defendant shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part against the defendant among the judgment of the first instance and the judgment of the second instance cannot be maintained any more

3. The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance on the grounds of the above ex officio reversal, without examining the defendant's and the prosecutor's allegation of unfair sentencing, are reversed pursuant to Article 364 (2) of the Criminal Procedure Act and the part of the judgment of the court of first instance as to the defendant and the judgment of the court of

[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by the court below and summary of evidence are identical to the corresponding column of each judgment of the court below except for adding "the defendant's trial testimony (which was made on the third trial date)" to the summary of evidence of the judgment of the court of second instance. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and selective narcotics, etc.;