The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 2, 3, and 4 shall be confiscated.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a punishment of imprisonment with prison labor for one year and four months, confiscation, confiscation, and collection of 20 million won) is too unreasonable.

2. The records show that: (a) evidence No. 1 among the seized articles of this case was requested to the National Science Investigation Agency for appraisal; and (b) all of the appraisal procedures were consumed (Evidence No. 5952). Since the above seized articles did not exist at the time the judgment of the court below was rendered, the court below cannot render a judgment of confiscation (see, e.g., Supreme Court Decision 2009Do6982, Jan. 28, 2010). Since the court below sentenced the confiscation of the above confiscated article which was already destroyed and not yet destroyed and remains, it erred in violation of the law and affected the conclusion of the judgment.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is made after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is identical to the facts stated 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. Article 60 (1) 2, Articles 4 (1) and 2 subparagraph 3 (b) (the point of handling and arranging the transaction of phiphonephones, the point of medication) of the Act on the Management of Narcotics, Etc., Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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. The main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. is to arrange the trade of phiphones two times.