All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

evidence of seizure.

1. Summary of grounds for appeal;

A. The sentence of Defendant 1’s original judgment (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

B. The punishment (one year of imprisonment, two years of suspended execution, 40 hours of probation, and pharmacologic treatment, and additional collection) of the judgment of the second instance of the public prosecutor is too unfluent and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the accused and the prosecutor, prior to the judgment on the assertion of unfair sentencing by authority, the accused, on whom the judgment of the court of first instance was rendered, and the accused, on the judgment of the court of first instance, the prosecutor appealed against the judgment of the court of second instance and joined the above two cases during the oral proceedings at the trial. The above crimes against the accused are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38 of the Criminal Act. Thus, each of

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 it is again decided as follows after oral argument.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b), and Article 60 (3) 1 of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts shall apply only to attempted to sell or purchase phiphones referred to in Article 2019 and Article 689 of the Act on the Control of Narcotics, Etc.

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The defendant's error in sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.