The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Two injections (Nos. 1 and 3) which have been seized.

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment, confiscation, and collection 100,000 won) shall be unlimited and unfair.

Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that ex officio 0.4g (No. 2 and 4) of the pen loan, which was seized, was found to have been consumed and not yet used for the appraisal (No. 64 and 68 pages of the Investigation Record) and the court below sentenced the above-mentioned confiscated articles to be confiscated. Thus, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.

(2) The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Selection of imprisonment with prison labor chosen;

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 Narcotics Control Act;

1. While the Defendant’s reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is against the Defendant, the Defendant may be sentenced to the same sentence, and the Defendant released on May 1, 201 after having been sentenced to the same previous sentence on November 25, 2009, and then committed the instant crime again even after having been sentenced to a fine on July 16, 201 within the period of the repeated crime, taking into account all the conditions of sentencing, such as: (a) the Defendant has committed the instant crime.