All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the seized evidence shall be confiscated.

Punishment of the crime

1. The summary of the reasons for appeal (unfair sentencing: imprisonment with prison labor for one year and two months, confiscation, additional collection, and second instance: imprisonment for eight months and additional collection) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Defendant committed the instant crime during the period of repeated crime, despite the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order had a record of criminal punishment over several times for the same crime, is disadvantageous to the Defendant.

However, the fact that the defendant is against the defendant and supports his minor who is not good health, etc. is favorable to the defendant.