We reverse the judgment of the court below.

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

8,603,00 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

Each punishment of the original court (the first instance court: imprisonment of one year and six months, the additional collection of 103,000 won, and the second instance: imprisonment of one year and six months, the additional collection of 8,500,000 won) is too unreasonable.

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

The trial decided to consolidate each appeal case against the judgment below.

However, since each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, if concurrent crimes are judged at the same time, one of these crimes must be sentenced in accordance with Article 38 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. The relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the points of trade, medication, possession) of the Act on the Management of Narcotics, etc., Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking in marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each of the following:

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

1. Application of the sentencing criteria;

(a) Aggravation area (1 year and six months to four years), such as the scope of recommendation, trading, mediation, etc. of Type 2 (referred to as items (b), (c), etc.) of the first-class punishment;

(b) The scope of recommendations for the second crime, medication, simple possession, etc.;