All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

1. The main point of the grounds for appeal is that the punishment of the original court (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the offenses listed in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below are reversed.

3. Ultimately, the lower court’s judgment 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 ex officio reversal as seen above. The lower judgment is reversed, and it is so decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the 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. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) and Article 60 (1) 2, Article 4 (1), Article 2 subparagraph 3 (1) (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment), Article 314 (1) and Article 30 of the Criminal Act concerning the crime

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. In the case of the administration of narcotics for the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., narcotics again are serious crimes that may cause serious harm to society and the national soundness due to their toxicity, and the necessity of punishment is large, but the defendant recognized each of the crimes of this case and reflects in depth the mistake while living under custody for five months.