All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

15,00 won from the defendant.

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for three years, additional collection of KRW 15,00, and the second instance court: imprisonment with prison labor for three months) of the lower court against the Defendant is too unreasonable.

2. Ex officio examination is conducted prior to the judgment on the grounds for appeal by the defendant.

The first and second original judgments were sentenced to each of the defendants, and all of the defendants appealed, and this court decided to hold a joint hearing of the above two appeals cases.

Each crime of the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Therefore, the original judgment cannot be maintained as it is.

3. If so, the judgment of the court of first and second trials is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 5 of the relevant Act and Articles 3 and 7 of the Act on the Selection of Narcotics, etc., Article 30 of the Criminal Act (the point of import of marijuana and the choice of limited imprisonment), Article 61 (1) 6 of the Narcotics Control Act, and Article 4 (1) 2 of the Act on the Control of Narcotics, etc. (the point of receipt of marijuana and the choice of imprisonment) concerning criminal facts;

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violating the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the import of marijuana of

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Collection of narcotics;