We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

4,000 won shall be additionally collected from the defendant.

3.2

The summary of the grounds for appeal (e.g., punishment of the original judgment: 8 months of imprisonment; 6 months of imprisonment) is too unreasonable.

The court of the trial of ex officio judgment decided to consolidate each appeal case of the judgment of the court below against the defendant.

The judgment of the court below in the first and second instances is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, the judgment of the first and second court cannot be maintained as it is.

In conclusion, 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 the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting each offense against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 61 (1) 6 of the Act on the Control of Narcotics, etc., Articles 61 (1) 2 and 4 (1) 2 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (1) 4 (a) and Article 3 subparagraph 10 (a)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The sentencing reason for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that marijuana needs to be punished for any act of holding, keeping, or smoking materials that may cause harm to public health when misused or abused in light of its dependence and gravity.