All judgment of the court below shall be reversed.

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

seized 2016 Highest 681-1(Separation).

1. Sentencing sentencing on the gist of reasons for appeal

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings of the above tax appeal cases.

Each crime of the first, second, and third judgment 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. Thus, the judgment of the court below cannot be maintained as it is.

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 of sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and the main sentence of Article 67 of the Act on the Control of Narcotics, etc. to be Submerged in Article 50 of the said Act for the purpose of aggravated concurrent crimes;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 8.2 million won = 100,000 won of the purchase price of filterphones around December 30, 2015: KRW 2.1 million of the purchase price of filters around December 30, 2016; and

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Imprisonment with prison labor for a period from one month to thirty years;

2. Crimes Nos. 1, 2, and 3 of the scope of the recommended punishment according to the sentencing guidelines (the point of each narcotic trade) [the scope of the recommended punishment] and trade, good offices, etc. (one year and six months to four years).