All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

A seized son.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one month of imprisonment) by the Defendant (as to the case 2012No3258) is too unreasonable.

B. The sentence (one year and six months of imprisonment, and three years of suspended execution) sentenced by the second instance judgment (as to the case 2012No3831) is deemed to be too uneased and unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the Prosecutor, the lower judgment ex officio cannot be relieved of all of the reversals for the following reasons.

The appeal case against the judgment of the court below was joined in the trial for the first time, and each crime against the defendant in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38 (1) of the Criminal Act.

B. The second instance court applied Article 60(1)2 and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. to the Defendant.

However, the former Act on the Control of Narcotics, Etc. was partially amended by Act No. 10786, Jun. 7, 2011; Article 1 of the Addenda of the Act provides that "this Act shall enter into force on the date one year has elapsed since its promulgation; Article 3 of the Addenda provides that "When applying penal provisions to acts before this Act, penal provisions shall apply to such acts; and each crime committed by the second instance court was committed between May 18, 2012 and May 22, 2012; therefore, the second instance court erred by applying the former Act at the time of the above partial amendment, even if it had been applied to the Defendant.

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 it is again decided following the oral argument as follows.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.