We reverse the judgment of the court below.

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

The seizure of articles 3 through 6 shall be confiscated.

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below (the first judgment of the court below: imprisonment of 8 months, collection, second judgment of the court below: imprisonment of 1 year, confiscation and collection) is too unreasonable.

B. The sentence of the first instance judgment of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court tried by combining each of the appeals cases against the judgment below. Each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38(1) of the Criminal Act.

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. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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 Act on the Management of Confiscated Narcotics;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment appear to have the attitude of recognizing and opposing all of the defendant's mistakes, and the fact that the defendant has cooperated in the investigation is favorable to the defendant.

However, the defendant is still in the period of repeated crime due to the same crime.