All judgment of the court below shall be reversed.

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

300,000 won from the defendant.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year and two months, and the second instance judgment: imprisonment with prison labor for a period of six months, etc.) that the lower judgment sentenced to the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court sentenced the defendant to imprisonment for one year and two months in the first instance case, and the second instance court sentenced to imprisonment for six months in the second instance case, respectively, and the defendant filed an appeal against the above judgment of the court below, and the court of the first instance decided to hold concurrent hearings. Each of the offenses against the defendant in the judgment of the court below against the defendant should be sentenced to a single sentence within the scope of the punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act in the concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.

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 assertion of unfair sentencing, on the grounds that the judgment of the court below is based on the above reasons for reversal of authority, and it is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are 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) (a) of Article 2 and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the purposes of crime and the selection of a sentence for imprisonment with prison labor;

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

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

1. The market price for one-time medication of criminal facts as stated in the judgment of the court below under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.