All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 through 18 of seized evidence.

1. The summary of the grounds for appeal (the first instance court: imprisonment of 2 years, confiscation, additional collection of 37,023,00 won, and the second instance court’s imprisonment of 4 months, additional collection of 950,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the judgment of the first instance and the judgment of the second instance against the Defendant was rendered, and the Defendant filed each appeal against each of the above judgment of the lower court. This court decided to hold a joint hearing of the above two appeals cases. Since each of the crimes of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the lower court should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act, and thus, it cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through the oral argument.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of selling and purchasing each penphone, the point of providing each penphone, the point of providing each penphone, the point of administering each penphone), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of smoking marijuana), and each decision of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;