All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

In respect of seized transparent vinyl.

1. The sentence of each court below (the first instance court: imprisonment with prison labor for two years and confiscation, additional collection of 100,000 won, and the second instance court: imprisonment with prison labor for one year and additional collection of 2 million won) is too unreasonable;

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second original judgments were sentenced to each of the defendants, and the defendant filed each appeal against the first and second original judgments, and the court decided to hold the first and second original judgments together with the case of the second and the second original judgment.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【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 thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: One month to thirty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics, etc.].