All judgment of the court below shall be reversed.

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

See the seized white paper.

1. The sentence of the lower court (the first instance court’s sentence: imprisonment of 1 year and 6 months; confiscation; additional collection of 200,000 won; and the second instance judgment: imprisonment of 6 months; and additional collection of 184,500 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered and the judgment of the court below against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. The first and second judgment against the defendant is in a concurrent relationship with the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., or the Selection of Imprisonment with prison labor;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The defendant committed the crime of this case in the same manner as the defendant committed the crime of this case even if he had been released from the prison for three months during the period of repeated crime as well as the fact that he committed the crime of this case under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (reasons for the punishment).