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

Defendant shall be punished by imprisonment for a year.

1. The defendant asserts that the summary of the grounds for appeal is improper because each punishment (the first judgment: imprisonment with prison labor for 8 months and collection, and the second judgment: imprisonment with prison labor for 8 months and collection) declared by the judgment of the court below is too unreasonable, and the prosecutor asserts that the above punishment sentenced by the judgment of the court of first instance is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the instant court 2013No2573 case against the first instance judgment, which is the appellate case against the second instance judgment, and the instant court 2013No3306 case against the Defendant was consolidated in the oral proceedings of the oral proceedings. Each of the offenses of the lower court 1 and 2 against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the term of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, all of the judgment of the lower court cannot be exempted from reversal.

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining all the judgment of the defendant and the prosecutor on the assertion of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

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

Application of Statutes

1. Articles 60(1)2, 4(1), and 2 subparag. 3(b) (Provided, That Article 30 of the Criminal Act shall be added to the purchase of phiphones on July 12, 2012) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

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

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes on July 12, 2012)

1. Collection;