All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

3,053,360 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

Each court below's punishment (the first court's judgment: imprisonment with prison labor for two years and additional collection of KRW 4,324,00, and the second court's judgment: imprisonment for eight months and additional collection of KRW 100,00) is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against each judgment of the court below was consolidated. Each of the offenses committed by the defendant of each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the trial. In this regard, each of the judgment of the court below cannot be maintained.

In conclusion, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited 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 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of delivery, receipt, possession, and medication of a penphone), Article 61 (1) 6, and Article 4 (1) 2 (the point of delivery, possession, and possession of marijuana) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 6 and 61 (1) 2 of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. 3,053,360 won under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (=1) 3,050,000 won (=the criminal facts of the first instance judgment)

Paragraph 0.4g x 2.73g (i.e., the crime No. 1-b. of the first instance judgment - the seized 1.27g) x 1 million won (ii) b. marijuana part.