All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

1,870,000 won shall be additionally collected from the defendant.

1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment for 2 years and 6 months and 900,000 won for additional collection, and 2: imprisonment for 8 months and 970,000 won for additional collection) is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment, each of the appeals cases was tried by the defendant while filing each appeal against the judgment below. The facts constituting the crime of each of the judgment below are concurrent crimes under the former part of Article 37 of the Criminal Act, and as seen below, the single sentence should be imposed within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio are grounds, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding column of each judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)3 and (3), 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts and the selection of a sentence, each of the relevant statutory provisions and the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 8, 201; hereinafter the same shall apply), and Article 2 subparag. 4(b) of the Criminal Act (amended by Act No. 1071, Jun. 13, 2011; hereinafter the same shall apply) concerning the medication of phiphones; attempted to administer phiphones as of July 18, 201; 60(1)2 and Articles 4(1) and 2 subparag. 3(b) of the Narcotics Control Act (amended by Act No. 1147, Jun. 8, 2012)

2. Article 35 of the Criminal Act among repeated crimes: