All judgment of the court below shall be reversed.

The crime of No. 2, 3, and 4 of the judgment of the defendant shall be punished by imprisonment with prison labor for 2 months.

1. Summary of grounds for appeal;

A. The respective types of punishment (the first instance judgment: the imprisonment of February and the imprisonment of 4 months, and the second instance judgment: the imprisonment of 6 months and the fine of 300,000 won) of the lower judgment are too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried to deal with each appeal case against the judgment of the court below, and each of the offenses in the judgment of the court of first instance as stated in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of second instance cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed ex officio, and it is again decided as follows through pleading.

In other words, on July 13, 2018, the defendant was sentenced to a suspended sentence of one year for a violation of the Chemicals Control Act by the Incheon District Court on July 13, 2018, and the above judgment became final and conclusive on July 21, 2018.

【Criminal Facts】

1. No person of the 2018 Highest 2046 shall take in, inhale, or possess for this purpose any chemical substance that causes interest, halluation, or anesthesia, any substance prescribed by Presidential Decree;

Nevertheless, the Defendant, at around 20:40 on June 16, 2018, put 30 minutes of hallucinogenic substances into a white plastic fins, put 1 disease disease in a non-binsular fins, which is a hallucinogenic substance, into a white plastic fins, and inhaled approximately 30 minutes of hallucinogenic substances in a plastic fins.

2. The term "2018 Highest 3513" means a chemical which causes interest, halluation, or anesthesia, and which is prescribed by Presidential Decree;