The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. The respective punishment of the lower court against the Defendant on the summary of the grounds for appeal (the first instance judgment: imprisonment of 1 year and 6 months; confiscation and collection of 4050,000 won; imprisonment of 1 year and additional collection of 1.4 million won) is too unreasonable.

2. Before determining on the grounds of ex officio appeal, two appeals cases were joined in the first instance court, and each offense of the first instance judgment and the second instance judgment with respect to the Defendant is 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, each of the above judgment below cannot be maintained as it is.

3. As such, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the above ex officio reversal grounds.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in 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 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Article 60 (1) 1 and subparagraph 3 (b) of Article 2 of the same Act (or selection of imprisonment with prison labor);

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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. lies in the defendant's attitude to recognize and reflect all of the crimes, the fact that there is no criminal history in Korea, and that there is a specific information about accomplice H (silphone sellers) and arrest them, and that cooperation in the investigation is favorable to the defendant.

On the other hand, the defendant does not have a large quantity of philophones purchased by the defendant, and the defendant.