All judgment of the court below shall be reversed.

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

provided that this ruling has become final and conclusive.

1. The punishment sentenced by the first instance court (one year of imprisonment and 11.50,000 won for additional collection) and the punishment sentenced by the second instance court (one year of imprisonment, one year of additional collection) are too unreasonable.

2. The judgment of the court below was rendered on the defendant's ex officio judgment, and the defendant appealed against the judgment of the court below, and this court decided to hold two appeals jointly. Accordingly, each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. 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 the judgment below is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, as stated in the judgment below, and the summary of evidence is the same as that of the judgment 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) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of arranging the purchase and purchase of, arranging the purchase and purchase of, giving or receiving the delivery or receipt of, or medication with the penphone), Articles 60 (3) and 60 (1) 2, and 4 (1) 1, and subparagraph 3 (b) (the point of attempted purchase or delivery of the penphones) of Article 2 of the Act on the Control of Narcotics, Etc., and choice of imprisonment

1. Crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes, and crimes under the judgment of the court of first instance with the largest number of concurrent crimes;

1.(c)

Punishment of the Act on the Control of Narcotics, Etc. (competence) by arranging the trade of philophones as described in paragraph (1)

1. Article 62 (1) of the Criminal Act;

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