All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for nine years.

20,000 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal is too unreasonable that each punishment (the 8 years of imprisonment with prison labor for the first instance court, and the 3 years of imprisonment for the second instance court) which the original court pronounced on the accused is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, the Defendant, at the Daegu District Court on January 17, 2012, sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and confirmed on October 6, 2012. As such, each crime in the judgment of the court below in the first instance is a concurrent crime under the latter part of Article 37 of the Criminal Act with regard to the crime of violation of the Act on the Control of Narcotics, etc., for which the judgment of the court of first instance became final and conclusive, and the punishment is determined after considering equity in the case of concurrent crimes under Article 39(1) of the Criminal Act, and examining whether to reduce or exempt punishment. In addition, the first instance court did not consider it, and so long as each crime in the judgment of the court of first instance is in a concurrent crime under the former part of Article 37 of the Criminal Act, the court of first instance

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion, and it is again decided as follows.

Criminal facts

The summary of the facts constituting the offense in the first instance judgment against the defendant recognized by this court and the summary of the evidence is as follows: "The defendant was sentenced by the Daegu District Court on January 17, 2012 to 10 months and confirmed on October 6, 2012 due to the violation of the Act on the Control of Narcotics, Etc. (fence) at the Daegu District Court on January 17, 2012, and the judgment became final and conclusive on October 6, 2012"; "the police statement of the PD (fix, name of this name)" in the 14th and 9th in the column of the summary of the evidence; and "the

1. Results of the case search bound in the trial records;