All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Daegu District Prosecutors' Office, which was seized, 2016.

1. Summary of grounds for appeal;

A. The first and second instances of the defendant (as to the judgment of the court below in the first and second instances of the defendant: imprisonment with prison labor for one year, suspension of execution for two years, observation of protection, additional collection, and second instances of the defendant: imprisonment for six months, suspension of execution for two years, suspension of execution for two years, suspension of compliance driving for 40 hours, suspension of community service for 120 hours) are too unreasonable.

B. Each sentence imposed on the Defendant by the Prosecutor (as against the judgment of the court below Nos. 1 and 3) in the first instance and the third instance (a year of imprisonment, confiscation, and collection) is too unfeasible and unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, it is quoted as it is.

Application of Statutes

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. (as to the receipt, possession, and medication of phiphones, the choice of imprisonment, and possession of phiphones, Article 30 of the Criminal Act is added), Article 329 of the Criminal Act (as to the possession of phiphones), Articles 152 subparag. 1 and 43 of the Road Traffic Act (as to the use of phiphones, the occupation of imprisonment, the choice of imprisonment), Article 151 of the Road Traffic Act (as to the use of phiphones, the occupation of laphones, and the choice of imprisonment without prison labor), Article 151 of the Road Traffic Act (as to the use of laphones, the occupation of property damaged, the selection of imprisonment without prison labor).