All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (Article 1: 10 months of imprisonment with prison labor and confiscation and collection, and Article 2: 3 months of imprisonment) of the lower court is too unreasonable.

2. The Defendant filed an appeal against both the first and second original judgments, and the pleadings in the appeal case against each of the above original judgment were combined at the trial court.

Therefore, each of the crimes in the first and second original judgments, which were sentenced to the same kind of punishment against the defendant, is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained.

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

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instances. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 62 (1) 4, Article 3 subparagraph 12 (b) and Article 4 (1) 1 of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for a crime, each of which constitutes an offense;

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

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., favorable circumstances considered in the grounds for sentencing in the rear);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.