The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence15 shall be confiscated.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, confiscation, and 900,000 won) is too unreasonable.

2. Before determining the Defendant’s ex officio on the assertion of unfair sentencing, Article 3 of the Addenda to the Narcotics Control Act (excluding Article 68) amended by Act No. 10786 on June 7, 2011, which was enforced on June 8, 2012, provides that “When applying penal provisions (excluding Article 68) to the acts before this Act’s enforcement, the previous provisions shall apply.” Since the date and time of the crime was committed on April 7, 2012, the former Act on the Control of Narcotics (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) shall apply. Since the lower court erred by applying the amended Narcotics Control Act as it is, the part on the crime of violation of the Narcotics Control Act (compacting) in Article 1 of the judgment of the lower court cannot be maintained.

However, since the first crime of violation of the Act on the Control of Narcotics, etc. and the second crime of violation of the Act on the Control of Narcotics, etc. in the holding of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and since a single sentence is sentenced, the judgment of the court

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Narcotics, etc. under Article 60 (1) 3, Article 4 (1), and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc., for which the relevant provision of the Act on Criminal Facts and for which a punishment has been selected, are applicable;