All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

For a single-use divers seized.

1. The summary of the grounds for appeal is unreasonable because each of the original decisions (two years of imprisonment and two years of imprisonment) is too unreasonable.

2. After the judgment of the court below was rendered ex officio and the judgment of the court below was rendered, the defendant filed an appeal against the judgment of the court of second instance, respectively, and the court decided to hold a joint hearing of each appeal case.

Since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, each of the judgment below cannot be maintained as it is.

3. Accordingly, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's allegation of unfair sentencing, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the trade of philopon, medication, and possession of philopon), Articles 60 (3), 60 (1) 2, and 4 (1) 1, and subparagraph 3 (b) (the point of attempted trade of philopon) of Article 2 of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence concerning the crime;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Attachment 8,188,000 won = 2,00,000 won for two-time medication = 3,38,000 won for five times in total, and 3,388,000 won for two times in total, the proceeds from a crime committed in one-time possession of KRW 4,30,000 for two times in total];

1. The scope of the recommended sentence shall be Nos. 1, 2, .