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.

Seized evidence 1, 1.

1. The decision of the court below on the summary of the reasons for appeal (No. 1: imprisonment of one year, confiscation, collection 100,000 won, and No. 2: imprisonment of ten months, two years of probation, observation of protection, instructions for pharmacologic treatment, and collection 10,000 won) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of each of the above appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime 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. In this regard, the lower judgment is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing, since the above grounds for reversal are established ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 366 of the Criminal Act, and Article 60 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes, the Selection of Imprisonment with prison labor, respectively;

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 reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are examined, that the defendant led to the confession of the crime, that there is no criminal record of the same kind, that cooperation in the investigation of the narcotics offender is a favorable reason for sentencing, and that the defendant phiphones.