All judgment of the court below shall be reversed.

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

Nos. 1 through 4, 6.

Summary of Grounds for Appeal

Defendant

Each sentence of the lower court (the first instance judgment: imprisonment of two years, confiscation, additional collection of KRW 4,394,00, and KRW 2: Imprisonment of eight months) is too unreasonable.

The second instance court’s sentence of the Prosecutor is too unhued and unreasonable.

Before the judgment on the grounds for appeal ex officio, the defendant examined all of the judgment below, and the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to hold two appeals jointly.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are as follows. In addition to the fact that "1. Part of the defendant's court statement" in the summary of evidence in the judgment of the court of first instance is "1. The defendant's court statement" as "court statement in the court of first instance", it is identical to the corresponding column of the judgment of the court below. Thus, it is accepted

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of receipt of a penphone), Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of smoking in marijuana) of the Narcotics Control Act, Article 61 (1) 4 (b), Article 3 subparagraph 10 (the point of smoking in marijuana), Article 61 (1) 4 (b), Article 3 subparagraph 10 (the point of possession of marijuana for smoking), Article 257 (1) of the Criminal Act, the selection of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 37 of the Criminal Code among concurrent crimes.