All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

It is contained in seized vinyls.

1. The decision of the court below (the decision of the court of first instance: imprisonment with prison labor for 1 year and 4 months, and imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, the first and second judgment against the Defendant were rendered, and the Defendant filed an appeal against this case, and this court decided to hold concurrent hearings. The first and second judgment against the Defendant is in a concurrent relationship with each other 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. As such, the first and second judgment cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal ex officio, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 (Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Punishment for Criminal Facts (the possession, medication, and sale of phiphones), and selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., administers phiphonephones and holds a considerable amount of 4 months after he was released from prison despite his previous conviction six times of the same crime, and the defendant administers, sells and sells phiphones during the period of suspension of detention due to liveration, etc.