All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Seized hemp 21g (Evidence Nos. 2, 2.

1. The sentence imposed by the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year and 2 months) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant in the board of directors, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio. The judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment below, except for the cases where " April 15, 2016" in Articles 6 and 7 of the facts constituting an offense of the original judgment resolution of the court of first instance is deemed as " April 14, 2016", and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 59(1)7 and 3 subparag. 9(1)9 of the former Act on the Management of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Articles 61(1)6 and 4(1) of the former Act on the Control of Narcotics, etc. (referring to the transaction of marijuana), Articles 61(1)4(a) and 363 subparag. 10 of the former Act on the Control of Narcotics, etc. (referring to the receipt of marijuana and the storage of marijuana, including the receipt of marijuana, and the selection of punishment), Articles 61(1)4(a) and 61(10) of the former Act on the Control of Narcotics, etc. (amended by Act No. 14019, Nov. 3, 2016; hereinafter the same shall apply)

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;