All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized hemp 75g (Evidence Nos. 1, 2, 10, 11.

1. Each punishment (the first instance court: imprisonment with prison labor for ten months, confiscation and additional collection, and the second instance: imprisonment with prison labor for six months and additional collection) sentenced by the first and second instance court on the gist of the reasons for appeal is unreasonable, compared to the extent of the responsibility of the defendant, it is too unreasonable;

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were sentenced to each of the above two appeals cases, and this court decided to hold concurrent hearings. The crimes of the court of second instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is decided through a change of reasoning.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the first and second judgments, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act concerning criminal facts, Article 60(3), 60(1)2, and 4(1)1, and Article 2 subparag. 3(b) of the Narcotics Control Act (the fact of attempted sale of an X-type) (the fact of attempted sale of an X-type), Article 59(1)7, and Article 3 subparag. 9(1)3 (b) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016; the same shall apply hereinafter), Article 60(1)4, and Article 61(1)4, and 6(a)4, and 6(a) of the Narcotics Control Act (Article 60(1)4, and 6(1)4, and 6(1) of the Smoking Control Act;

b) the possession;