All judgment of the court below shall be reversed.

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

5,350,00 won from the defendant.

1. The second instance court convicted the Defendant of each special assault among the facts charged against the Defendant, and dismissed the prosecution as to each assault.

However, since only the Defendant filed an appeal against the conviction portion, and the dismissal portion of the prosecution was not appealed by both a prosecutor and the Defendant, among the judgment below of the second instance, the dismissal portion of the prosecution was determined separately and finally excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for 1 year, additional collection of 5350,000 won, and imprisonment for 2 months) by the court below is too unreasonable.

3. Prior to the determination of the reasons for ex officio appeal, the defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings of each of the above appeals cases. Since each of the offenses of the judgment below is a concurrent offense under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one sentence under Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. (including the purchase of phiphones), Articles 261 and 260(1) of each Criminal Act (the occupation of special violence) and Article 60(1) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts.