The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

No. 1, 2, and 4 of seized evidence.

Summary of Grounds for Appeal

The punishment of the court below (the confiscation of 1 year and April, 1 to 4, 6050 won, the additional collection of 60,000 won) is too unreasonable.

Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that “Acele 1 eggs contained in vinyl (Evidence 3)”, which was seized, may be recognized as having been consumed for the entire appraisal and not yet existed. The lower court rendered a sentence of forfeiture to the above seized articles that have been already destroyed and not yet been destroyed, and thus, the lower court erred by misapprehending the legal doctrine on forfeiture, thereby adversely affecting the conclusion of the judgment.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, 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 as shown in each corresponding column of the judgment below, and thus, they are cited 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 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the selection of punishment;

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, Etc. and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the amount of additional collection of 200,000 won due to the administration of additional collection of 5,850,000 won (the amount of 2,700,000 won) at the third time]; and

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) recognizes the defendant's mistake, and the fact that the defendant cooperates with the prosecution's investigation on other narcotics offenders is favorable.

On the other hand, there are two times of suspended execution for the same crime, and two times of punished punishment.