All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 3.

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

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the grounds of ex officio reversal and the defendant's allegation of unfair sentencing, and it is again decided after oral argument as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in the corresponding column of the judgment below except for the case where the defendant's partial statement "written in the column of the evidence of the court of the second instance" is changed to "written in the court of the trial of the defendant". Thus, all of them are cited under Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the selection of punishment;

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's reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the amount of KRW 500,000 ( KRW 3.5 million, KRW 3.5 million, KRW 3 million, KRW 3.5 million, KRW 3 million, KRW 3.5 million, in relation to the crime of the crime of the judgment of the court of first instance].