All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

1. Summary of grounds for appeal;

A. A. The Defendant inhaled the main body at the time of the instant crime, and was in a state of mental health and physical disability.

B. The lower court’s sentencing (the first instance judgment: imprisonment with prison labor for one year, confiscation, and second instance judgment: imprisonment for eight months) is too unreasonable.

2. The court below, ex officio, examined the case, and sentenced the defendant separately, and the defendant filed an appeal against each of the above judgments, and the court below decided to concurrently examine the above two appeals. The first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be reversed.

3. Accordingly, the judgment of the court of first instance and the judgment of the court of second instance are reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for reversal ex officio as seen above. Thus, this part of the judgment is reversed ex officio, 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 all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 3 of Article 58 and Article 43 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (3) and 45 of the Road Traffic Act concerning a crime;

1. Commercial concurrence.