All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

No. 1 of the seized evidence shall be confiscated.

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year and 6 months, confiscation, additional collection, and 2: Imprisonment with prison labor for 6 months and additional collection) is too unreasonable.

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

In the first instance trial, the appeal cases of the lower judgment were combined, and each of the crimes in the lower judgment’s holding are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore

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 it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Crime and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment for the Crime (which means trading of philphones, giving or receiving, and administering, respectively), Article 347(1) of the Criminal Act (which means fraud) and each sentence of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Circumstances favorable to the accused for sentencing in the proviso to Article 67 of the Narcotics Control Act shall be as follows:

The Defendant recognized each of the crimes of this case, and is against the law.

The defendant actively cooperated with the investigation agency for narcotics investigation.

Circumstances unfavorable to the defendant are as follows:

On April 26, 2014, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime, etc. and on June 4, 2015.