The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (the part concerning the second offense in the judgment of the first instance court) and this part of the facts charged was specified.

in the absence of such a determination

In light of the above legal principles, the judgment of the court below convicting the charged facts is erroneous and adversely affected by the judgment.

B. Each sentence sentenced by the court below to the defendant (the court below's judgment 1: one year of imprisonment, two years of suspended sentence, two years of probation observation, 40 hours of lecture for pharmacologic treatment, community service order 80,00 won of surcharge 20,000 won: imprisonment for 8 months, suspended sentence 2 years of probation, surveillance of protection, community service order 120 hours, additional surcharge 2.5 million won) is too unreasonable.

2. Ex officio determination

A. According to the records, the Defendant was sentenced to a suspended sentence of two years for a period of ten months, and the judgment became final and conclusive on July 27, 2017, for the following reasons: (a) the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act in the Sungnam Support of the Suwon Flag Flag Flag, 2017.

As above, in the concurrent crimes of violation of the Act on the Management of Narcotics, Etc. and each crime of violation of the Act on the Management of Narcotics, etc. for which judgment has become final and conclusive, a sentence shall be imposed in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, since the latter part of Article 37 of the Criminal Act is in the concurrent crimes of the latter part, and thus, the judgment of the first instance court

B. In addition, this Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance regarding the judgment of the court of second instance, and the combined crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the part against the defendant among the judgment of the court of first and the judgment of the court of second instance regarding the judgment of the

(c)

However, there are such reasons for reversal in the judgment below.

Even if the defendant's assertion of misunderstanding the legal principles on the judgment of the court of first instance is still subject to the judgment of this court.