All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

50,000 won from the defendant.

1. The summary of the grounds for appeal (unfair sentencing: 10,000 won by imprisonment with prison labor: 10,400 won by 10 months and 20,000 won by 4 months and 100,000 won by 4 months and 1.1 million won by 200

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second judgments were rendered to the defendant, and the defendant filed each appeal against each of the above judgment below, and this court decided to hold a joint hearing of each of the above appeal cases. Each of the first and second judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the entire crime of this case and reflects his mistake, and that he will not repeat the crime through a short contract.

However, this case.