All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The Suwon District Prosecutors' Office, seized.

The summary of the reasons for appeal (the first instance judgment: imprisonment for a term of two years, confiscation, additional collection of KRW 1,803,00, and KRW 2: imprisonment for a term of one year, confiscation, additional collection of KRW 6,200) is too unreasonable.

It shall be considered ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant appealed against the judgment of the court below 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. The first and second appeals cases are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

If so, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing on the grounds of ex officio reversal, and it is again decided as follows.

[Grounds for a new judgment] The criminal facts and the summary of the evidence against the defendant recognized by the court are identical to the statements in the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The possession of a carcass of the relevant Act on the Control of Narcotics, etc.: The possession of a carcass of the relevant law on the crime: Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b), Article 59(1)5, Article 3 subparag. 5, Article 2 subparag. 3(a), and Article 2 subparag. 3(b) of the Narcotics Control Act: The possession of a smoke of marijuana under Articles 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act: The possession of marijuana under Articles 61(1)4(b), and Article 3 subparag. 10(b) of the Narcotics Control Act;

1. Crimes of violation of the Act on the Control of Narcotics, Etc. by Possession of phiphonephones and violation of the Act on the Control of Narcotics, Etc. by Possession of Mephones (flaps).