All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than five years and six months.

6. Corresponding divers for single divers seized.

1. The sentence that the first and second court sentenced the defendant to the summary of the grounds for appeal (the first instance judgment: five years of imprisonment, and the second instance judgment: imprisonment with prison labor for one year and eight months, etc.) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the Defendant appealed from all the judgment below and the Defendant appealed from all the above appeal cases, and this court decided to hold concurrent hearings. Since each of the offenses in the judgment of the court below against the Defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single sentence is determined pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written part of the judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first and second judgment, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc., Article 30 of the Criminal Act (the importation of phiphones and the selection of imprisonment with prison labor) concerning the crime, Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the administration of phiphones, provision, and possession of phiphones, and the selection of imprisonment with prison labor);

1. Aggravation of repeated crimes under Article 35 of the Criminal Act (within the limit of the proviso of Article 42 in cases of a violation of the Act on the Control of Narcotics, etc. Caused by the Import of Handphones);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Control of Narcotics, etc. due to the importation of the largest scopon (fluence) shall be imposed.