All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

There are seized philophones.

1. The decision of the court below on the summary of the reasons for appeal (the first instance court: imprisonment of one year and six months, confiscation of seized articles, collection of 403,00 won, collection of 2 won: imprisonment of two months, 103,00 won, and collection of 10 won) is too unreasonable.

2. On its own initiative, this Court held a concurrent hearing of each appeal case against the judgment of the court below, and since each of the above crimes committed in combination constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act for each of the above crimes. Thus, the judgment of the court below which sentenced a separate punishment against the defendant cannot be maintained as it is.

3. In conclusion, the judgment of the court below 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 entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the receipt, possession, and medication of philophones, the selection of imprisonment with prison labor), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking marijuana, and the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, Etc. concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. due to the heavy philopon Number of Philphones];

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics (No. 1 through 4), and Article 48 (1) 1 (No. 6, 7) of the Criminal Act;

1. Reasons for sentencing under the proviso to Article 67 of the Narcotics Control Act [the scope of recommended punishment]: Imprisonment; and