All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

3.7 million won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Each punishment (the first instance court: imprisonment with prison labor for 2 years and 6 months, and 2: imprisonment with prison labor for 1 year and additional collection for 3.7 million won) sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the court of first instance on the prosecutor (unfairness) is too uneasible and unfair.

2. The judgment of the court below was rendered on the defendant's ex officio judgment (joint hearing), and the defendant appealed against the judgment of the court of first instance, the prosecutor appealed against the judgment of the court of first instance, and the court of first instance decided to hold a joint hearing. Accordingly, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the court of

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after oral argument, on the grounds that there are grounds for ex officio reversal as above.

However, as seen below, it is reasonable to collect 4.3 million won from the defendant in relation to the crime of violation of the Act on the Control of Narcotics, etc. (favour) as stated in the judgment of the court below, but the court below collected 3.7 million won only on the ground of unfair sentencing. As to the judgment of the court below of second instance, since only the defendant appealed on the ground of unfair sentencing, only 3.7 million won should be collected in the same manner as

[Discied reasoning of the judgment below] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act and Article 60(1) of the Act on the Control of Narcotics, Etc. shall apply to the pertinent criminal facts and the choice of punishment for the crime;