The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The District Prosecutors' Office of Grade II through IV, which has been seized.

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The lower court ex officio determined that Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act apply to each of the facts charged in the instant case.

However, Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011) shall apply when the Defendant committed an act between March 24, 2011 and around the 27th day of the same month.

In this respect, the judgment of the court below on this part cannot be maintained. Since this part of the crime and the rest of the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence is imposed, the judgment of the court below cannot be maintained in its entirety.

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

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the former Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201) (Article 32 of the Criminal Act) regarding criminal facts; Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the former Act on the Management of Narcotics, Etc. (amended by Act No. 10786, Mar. 24, 2011; Article 32 of the Criminal Act regarding the administration of narcotics, etc.