The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 15, 16 shall be confiscated.

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. According to Article 48(1)1 of the Criminal Act, prior to the judgment on the grounds of appeal by the defendant, if the goods provided or intended to be provided by a criminal act are not owned by a person other than the criminal, or if a person other than the criminal knowingly acquired them after the crime, all or part of the goods can be confiscated.

In this case, the crime of this case was purchased 2 kg in aggregate of philophones on two occasions. According to the records in the general list of seized articles, subparagraph 2 of Article 4, 3 through 7, 4, 4, 0, 3 through 7, 8 through 10, 8 through 10, 4, 4, 4, 4, 4, 5, 11 through 13, 14, 5, 5, 11 through 14, 5, 4, 5, 5, 4, 5, 5, 5, 5, 5, 11, 5, 14, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5

Nevertheless, the court below confiscated Nos. 2 through 14 above, and the judgment below is erroneous in the misapprehension of legal principles as to confiscation, which 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 without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Thus, it is true according to Article 369 of the Criminal Procedure Act.