All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Reasons for appeal;

A. The sentencing of the second judgment of the Prosecutor (two months of imprisonment) is too unhued and unfair.

B. The sentencing of the lower judgment by the Defendant (the first instance judgment: imprisonment with prison labor for one year, the forfeiture of evidence No. 3, the additional collection of KRW 150,00, and the second instance judgment: imprisonment with prison labor for two months) is too unreasonable.

2. The grounds for appeal are examined ex officio before the judgment is made.

The first and second judgment against the defendant was rendered, and the prosecutor and the defendant filed an appeal against it, and the court decided to jointly examine the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below cannot be maintained.

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 61(1)6 and 4(1)2 (the point of receipt and possession of marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts; Articles 61(1)5, 4(1), and 2 subparag. 3(d) (the point of purchase and medication of a local mental medicine medicine) of the Act on the Control of Narcotics, etc.; Articles 61(1)4 (a) and 3 subparag. 10 (the point of charge of smoking marijuana); Articles 61(1)4 and 61(1)10 (the point of charge of smoking marijuana) of the Narcotics, etc. Act on the Control of Narcotics, etc.; and each decision of imprisonment with prison labor;

1. Article 335 of the Criminal Act for aggravated repeated crimes;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. (the purchase price shall be KRW 150,000, and the purchase price shall be).