All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. On December 13, 2018, the Defendant filed an appeal against the lower court on December 13, 2018, and failed to submit the statement of grounds of appeal within 20 days from the deadline for submitting the statement of grounds of appeal, even if the Defendant received a notification of the receipt of the trial records from this court on January 2, 2019, and there is no statement in the petition of appeal the grounds for appeal.

However, as examined below, the judgment of the court of first instance shall not dismiss the defendant's appeal on the grounds of failure to submit the grounds of appeal, unless it is reversed on the grounds of ex officio reversal.

B. The punishment (one year of imprisonment and additional collection) imposed by the court below of the second instance judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining the appellate cases of the judgment of the court of first instance and the appellate cases of the judgment of the court of second instance. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be punished with a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with the proviso of Article 361-4(1) and Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of purchase or medication of philopon), Article 141 (1) of the Criminal Act (the point of damage to public use) of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Crimes, the Selection of Punishment, etc., and the Criminal Act;