All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of two years and two months.

430,000 won from the defendant.

1. The summary of the grounds for appeal (unfair sentencing: 10,000 won by imprisonment with prison labor for 10 months and 200,000 won by 10 months, and 200 won by imprisonment with prison labor for 1 year and 4 months, 230,000 won by 1 year and 4 months) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and both the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of each of the above appeal cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

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 for sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Articles 60(1)3 and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32 subparag. 1 subparag. 3 and Article 25 subparag. 3 [Article 32 subparag. 3] of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. by which an applicant for compensation order (the trial) is filed,” and Article 25 subparag. 3 of the same Act.