The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1.6 million won shall be additionally collected from the defendant.

The prosecutor tried to institute a public prosecution against the defendant as follows.

① Violation of the Act on the Control of Narcotics, etc. (fence) in relation to the attempted importation of cambacules (i.e., a single philopon; hereinafter referred to as a “philopon”), and (ii) violation of the Act on the Control of Narcotics, etc. (fence) in relation to the medication of cambalon on January 24, 2018 and January 25, 2018.

The lower court found the Defendant guilty of all the charges charged, and sentenced the Defendant to two years and six months of imprisonment and 1.6 million won of additional collection.

On the other hand, the Defendant appealed each of the above charges on the grounds of mistake of facts, misapprehension of legal principles, and unreasonable sentencing.

The trial prior to the remand rejected all the grounds of appeal by the defendant and the prosecutor, and all the appeals by the defendant and the prosecutor were dismissed.

The Defendant appealed against the judgment of the party prior to remand on the grounds of violation of the principle of free evaluation of evidence and misapprehension of legal principles as to the facts charged.

The Supreme Court accepted the Defendant’s argument in the grounds of appeal as to the above facts charged, and rejected the Defendant’s argument in the grounds of appeal as to the part on the charges (2) through (4), and determined that the part on the charges should be reversed, and that the remaining crimes of the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and one sentence was rendered.

(5) Of the facts charged, the defendant files an appeal against the remaining crimes.