The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. Articles 1 and 2 of the evidence seized (misunderstanding of the legal principles) of the grounds for appeal must be confiscated as necessary under the Narcotics Control Act, and the lower court erred by omitting the declaration of confiscation.

2. The lower court should have forfeited No. 2, which constitutes evidence Nos. 1 and means of transport of narcotics, etc., in accordance with the main sentence of Article 67 of the Narcotics Control Act. However, since the lower court omitted the declaration of forfeiture, the prosecutor’s above assertion is with merit.

3. If so, the prosecutor's argument is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (b) and 61 (1) 10 (the possession of marijuana for the purpose of smoking) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 (the possession of marijuana for the purpose of smoking) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Narcotics, Etc. to be confiscated;

1. The proviso to Article 67 of the Narcotics Control Act;