All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

seizure from the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance court: imprisonment of 1 year, confiscation, additional collection of 4,183,33, and the second instance court: imprisonment of 2 months, confiscation, and additional collection of 10,000 won) is too unreasonable.

B. Each of the above types of punishment sentenced by the court below is too uneased and unfair.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Upon the pronouncement of the judgment of the court below in the first and second instances, the defendant and the prosecutor filed each appeal against the judgment of the court of first and second instances, and the court decided to concurrently examine each of the above appeals cases.

Since each crime of the judgment of the court below in the first and second instances sentenced to the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the following is again decided upon without examining the grounds for unfair sentencing by the defendant and the prosecutor.

[Discied reasoning] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 32 (1) of the Criminal Act (the point of aiding and abetting the purchase and sale of opphones), Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Narcotics Control Act (the point of aiding and abetting the purchase and sale of opphones), Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Articles 60 (1) 2, and 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the selection of imprisonment with prison labor), respectively,