All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the lower court on the Defendant (one year of imprisonment with prison labor for the first instance judgment, ten months of imprisonment with prison labor for the second instance judgment, and one hundred thousand won of additional charges) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the first and second court rendered ex officio a separate examination with respect to the defendant by the Incheon District Court 2012dan848, Incheon District Court 2012dan88, and by the Incheon District Court 2012dan11866, and sentenced the defendant not to apply the concurrent crimes under Article 38 of the Criminal Act. The defendant filed an appeal with respect to each of the above judgments and decided to concurrently examine the above two cases. The first and second court's judgment against the defendant was related to concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence is to be determined within the scope of punishment determined by applying the precedent of concurrent crimes under Article 38 of the Criminal Act. In this regard, the judgment below against the defendant was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, Articles 60(1)2 and 4(1) and 2 subparag. 3(b) of the Narcotics Control Act, 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 reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be together with accomplices.