The judgment below

The part against the defendant shall be reversed.

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

Seized No. 1.

1. The sentencing of the court below (two years and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio the grounds for appeal before determining the grounds for appeal.

An investigative agency seized three mobile phones (one set of gallon S3, S5, and one set of gallons) as “Evidence No. 7,” and the lower court, deeming that the Defendant provided or intended to provide all three mobile phones of the above mobile phones for the instant crime, applied Article 48(1)1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act, forfeited all three mobile phones from the Defendant.

According to the evidence examined by the court below and the trial court, it is recognized that the defendant provided or intended to provide one gallon city with one gallon city among the above mobile phones for the crime of this case.

However, even after examining the record, there is no evidence to acknowledge that the defendant provided or intended to provide one mobile phone (S5) to the other mobile phone in the instant crime.

(F) In relation to Co-defendant B’s provisional return application for the above gallon ju, the lower court’s judgment that forfeited up to 7gal gallon ju, which was accepted on May 6, 2015 by the decision of 2015No. 53 of this Court, cannot be maintained any more.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of importing marijuana under Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes, the point of importing marijuana under Article 30 of the Criminal Act, and the imprisonment for a limited term;