All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

A. Each sentence of the lower court (the first instance court: imprisonment of February, confiscation, additional collection of KRW 1,166,40, and the second instance court: imprisonment of February, and additional collection of KRW 500,00) by the Defendant is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. As to the judgment of the court below in its entirety, the defendant filed an appeal against the judgment of the court of second instance, and this court decided to hold two appeals together for a trial.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the latter part of Article 37 of the Criminal Act, Articles 38 (1) 2, and 50 of the Criminal Act among concurrent criminal offenders under Article 39 (1) of the Act on the Punishment of Narcotics, etc. and the Selection of Punishment for Crimes, and Article 60 (1) 3 (b) of the same Act, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ heavy penalty as concurrent criminal for punishment prescribed in the Act on the Control of Narcotics, etc.,

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act to order provisional payment under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., additionally collected pursuant to the main sentence of Article 67 of the Criminal Act.