The judgment of the court below is reversed.

Of the facts charged in the judgment of the court below, the defendant Nos. 1 through 6.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year, ten months of imprisonment, confiscation, and collection) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records, the defendant was sentenced to imprisonment for ten months with prison labor for a violation of the Road Traffic Act, etc. in the official support of the Daejeon District Court on May 17, 2019 and the judgment on August 13, 2019 (hereinafter “prior judgment”) became final and conclusive.

In addition, among the facts constituting the crime in the judgment of the court below, the crime of purchasing phiphones listed in 1/6 of the list of crimes in paragraph (1), the crime of selling phiphones listed in paragraph (2), and the crime of selling phiphones listed in paragraph (3) A and paragraph (2) (hereinafter referred to as "crime of violation of the Act on the Control of Narcotics, etc. before July 2019"

(1) Article 39(1) of the Criminal Act provides that a person who violated the Act on the Control of Narcotics, etc. before July 2019 and a person who violated the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") and the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") which became final and conclusive before the judgment becomes final and conclusive shall be sentenced to a single punishment for the crime of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") before July 2019, in consideration of equity with the case where the judgment becomes final and conclusive at the same time as the crime of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") was sentenced to a separate punishment for the remaining crimes committed after the judgment becomes final and conclusive. Nevertheless, the judgment of the court below cannot be maintained. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without proceeding.