The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution, probation, community service, etc.) of the lower court is deemed to be too uneasy and unreasonable;

2. Ex officio determination

A. The main sentence of Article 67 of the Act on the Management of Narcotics, Etc., which has failed to make a declaration of forfeiture, provides that “narcotics, temporary narcotics, and facilities, equipment, funds, or means of transport provided for any crime as provided for in this Act, and the proceeds therefrom shall be confiscated,” so long as such requirements are satisfied, the court shall,

According to the evidence duly admitted and examined by the court below, the following facts can be acknowledged: (a) Nos. 1, 2, 5, 6, and 7 of the Act on the Control of Narcotics, Etc., which are narcotics, etc. provided for the crime in the judgment of the court below, can be recognized as constituting Melopon (the "Melopon"; hereinafter referred to as the "Melopon") or equipment. Thus, the above seized articles are subject to necessary confiscation pursuant to the main sentence of

Nevertheless, the court below erred by misapprehending the legal principles as to confiscation under the main sentence of Article 67 of the Narcotics Control Act, which affected the conclusion of the judgment.

B. The Supreme Court may reverse only the part of the judgment of the appellate court which sentenced the scope of reversal and the part of confiscation or collection in cases where there are grounds for reversal among the judgment of the appellate court which sentenced confiscation or collection, but where the appellate court reverses the part on the grounds that the confiscation or collection was not pronounced, it cannot be reversed with the absence of the part of confiscation or collection in the judgment of the appellate court. Thus, the entire conviction part

(1) As such, the lower court’s judgment should be reversed even in this case where the lower court did not render a declaration of forfeiture.

3. Accordingly, the judgment of the court below is without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and Article 364 of the Criminal Procedure Act.