We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than two years and six months.

For a single-use divers (1) seized.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (two years of imprisonment, confiscation and additional collection) and that of the second instance court (one year of imprisonment, and additional collection) are too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. As to all of the judgment below, the defendant brought an appeal against each of the judgment of the first instance, and this court decided to hold the two appeals together.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized 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, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Penalty for Crimes (the administration, possession, delivery, receipt, and sale of phiphones), and selection of imprisonment with prison labor;

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. Calculation of the amount additionally collected under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 1250,000 = KRW 300,000 = KRW 100,000 in the first instance judgment of the market price of a philopon administered on August 7, 2019, but the market price of a philopon is 100,000 won in the market price of a philopon, and the quantity of a philopon administered on this part is 0.3g, thereby additionally collecting 30,000 won.

December 6, 2019, administered philophones.