All judgment of the court below shall be reversed.

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

The District Prosecutors' Office that has been seized.

1. The decision of the court below against the defendant in summary of the grounds for appeal (the court below's decision of 1: 1 year and 6 months; 4,010,00 won for confiscation; 4,00 won for confiscation; 2. The court below's decision of 2.8 months, 1,320,000 won for punishment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The defendant filed each appeal against the judgment of the court of first and second instance, and this court decided to hold a joint hearing of each appeal against the judgment of the court of first and second instances.

Each of the crimes in the judgment of the court below in the first and second instance against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance which sentenced a separate punishment against the defendant cannot be maintained

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 grounds of ex officio reversal as seen above, and the judgment below is reversed, and it is again decided as follows

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the entries of the judgment below in each corresponding column. Thus, they are cited as it is 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, Article 148-2 (3), and Article 45 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter referred to as “the former Act”), Articles 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Act on the Management of Narcotics, Etc., for the Purposes of Crimes; the Selection of Imprisonment;

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. Matters concerning the management of narcotics in addition to collection;