We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Daejeon District Prosecutor's Office of District Prosecutors in 2019.

1. As to the punishment sentenced by the judgment of the court below (Article 1: 1 year of imprisonment, additional collection of KRW 600,000, and KRW 2 year of suspended execution, additional collection of KRW 1,492,50 of imprisonment for one year), the defendant asserts that the punishment sentenced by the judgment of the court of first instance is too unreasonable. The prosecutor asserts that the punishment sentenced by the judgment of the court of second instance is too unreasonable. The prosecutor argues that the punishment sentenced by the judgment of the court of second instance is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that sentenced the defendant as the case of each case of the judgment below that the defendant appealed was joined in the trial of the court of the court below, and thus, the criminal facts in the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment should be sentenced at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below

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 and the prosecutor’s allegation of unfair sentencing, and the judgment below is rendered following the oral argument.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 Narcotics Control Act;

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

1. In the sentencing of Article 334(1) of the Criminal Procedure Act, the crime of narcotics, etc. with the reason for sentencing not only causes the body and mind of an individual, but also causes national health.