All of the first and second original judgments shall be reversed.

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

The seized white paper 5.0

1. The summary of the grounds for appeal (in the case of the first judgment, four years of imprisonment in the case of the second judgment, and in the case of the second judgment, one year and six months of imprisonment in the case of imprisonment and additional collection in the case of confiscation) that the court below sentenced the defendant is unreasonable.

2. We examine ex officio the grounds for ex officio appeal following amendments to indictment and consolidation of cases.

First of all, the prosecutor submitted to this court an application for permission to amend the Bill of Indictment containing the first head of the criminal facts in the indictment of the first instance trial (Seoul High Court 2018No1424) to "Haman on December 2013".

On August 21, 2018, this Court permitted the modification of the bill of amendment on the second trial date.

Accordingly, as long as the subject of the adjudication is changed, the first judgment is no longer maintained.

On the other hand, the first and second original judgments were sentenced separately against the defendant, and the defendant filed each appeal against it.

This Court decided to consolidate two appeals cases with one another.

Each crime of the first and second original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and the defendant shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act.

Therefore, the first and second original judgments cannot be maintained as they are.

3. Therefore, without further proceeding to decide on the Defendant’s assertion of unfair sentencing, the first and second original judgments under Article 364(2) of the Criminal Procedure Act shall be reversed, and the following judgments shall be rendered again through pleadings.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to the facts constituting the crime and summary of evidence recognized by the court. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Control of Narcotics, etc. and the selection of punishment: In collusion with Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act;