All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

30,000 won from the defendant.

1. The sentence imposed by the lower court (the first instance judgment: imprisonment with prison labor and the collection of penalty for one year, and the second instance judgment: imprisonment with prison labor for one year and six months and the collection of penalty) is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (the scope of a recommended punishment). Two types of crimes (the hemp, frighting (the items (b), (c) and (c), etc.) (one year and six months to four years) in the aggravated area (one year and six years), including a person subject to special aggravated punishment), such as buying and selling, arranging, etc.;

(b) Purchase or receipt for medication, simple possession, etc. (from August to one year and six months) in the mitigation area (special mitigation) of Class 2 (the suspension of execution within three years) (the suspension of execution within the period of not more than three years) in the area of mitigation, such as the sale and purchase, mediation, etc. of Class 2 (the scope of a recommended punishment).

(c) Type 3 offences.