All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, confiscation, and collection KRW 600,000, and KRW 2: Imprisonment with prison labor for 6 months, and KRW 100,000) declared by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

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 unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

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. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. Due to Purchase and Sale of Handphones with the largest situation];

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. It is recognized that the defendant's reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., led to the confession of all crimes, and his mistake is divided.

However, the defendant has been under suspension of execution two times due to the same drug crime, and two times of punishment, and each of the crimes of this case.