All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1,866,00 won from the defendant.

Summary of Grounds for Appeal

Each of the original judgments (the first instance court: the imprisonment of two years and six months and the additional collection of KRW 466,00, the second instance court: the imprisonment of one year and the additional collection of KRW 1,400) are deemed to be too unreasonable.

This Court decided to hold a concurrent hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment where concurrent crimes are committed in accordance with Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court of first instance cannot be exempted from reversal.

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

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: (a) addition to the summary of evidence "1. Prosecutor's Investigation Report (narcotics, etc. market report)" to the column; and (b) addition to the fact of "crime 1." to the first page of the judgment of the court of the second instance," it is identical to each corresponding column of each judgment of the court below, except where the "official prison" as the "Gwanju prison" is deemed as the "Maju prison."

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

title, each choice of imprisonment,

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Article 50 of the Criminal Act (hereinafter referred to as “clopon”).

2) As to the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics")

1. The original judgment under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection