The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and four months.

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant is too unreasonable (the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 years).

2. Before making a judgment on the grounds for ex officio appeal, this Court tried by combining the judgment of the court of first instance and the judgment of the court of second instance and the judgment of the court of second instance. Each crime of the first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained in entirety.

3. Accordingly, the judgment of the court below is reversed as to the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the part of the judgment of the court of first and second instance against the defendant under Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are as follows: (a) the Defendant recognized each of the instant offenses on behalf of the Defendant; and (b) appears to have been contacted with the narcotics by the past force of an unexpected accident; and (c) cooperation with the investigation, such as disclosing the intent of cutting down drugs after the arrest and informing of the persons who administered phiphonephone drugs.