All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won from the defendant.

1. The punishment (the first instance court: the imprisonment of August, 200 and the second instance court: the imprisonment of October and the surcharge of KRW 100,000) of each court below is too unreasonable in light of the various sentencing conditions in this case.

2. The court held that each appeal case of the first and second judgment against the defendant was consolidated and tried by this court. Each of the offenses in the decision of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, 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 on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the 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 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault for the purposes of return), Article 60 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 2 subparagraph

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes, etc. (Aggravated Punishment, etc. of Specific Crimes against which the punishment and nature of the crime are the largest)

1. Examining the reasoning for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the circumstances favorable to the defendant are as follows.