All of the original judgment of the first and second original judgment of the defendant shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for one year and confiscation, and second instance court: imprisonment with prison labor for ten months and a surcharge for 12,000 won) are too unreasonable;

2. Each appeal case against each judgment of the court below was consolidated before the judgment as to the grounds for appeal by the defendant's ex officio. Each of the offenses committed by the defendant of each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. In this regard, the part against the defendant of the first and second judgment of the court below cannot be maintained as it is.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the part concerning the Defendant in the first and second original judgment ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act shall be reversed, and the following decision shall be rendered by oral proceedings as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of each judgment of the court below. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 61 (1) 6 of the Act on the Control of Narcotics, etc., Articles 61 (1) 2 and 4 (1) 2 of the Act on the Prevention of Narcotics, etc., Article 61 (1) 4 (b), and Article 3 subparag. 10 (b) (the possession of marijuana for the smoking purpose) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 and 3

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

1. After the reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to forfeiture and Collection, the defendant has the same criminal records and, in particular, after a judgment of one year of imprisonment and two years of suspended execution has become final and conclusive due to the same kind of crime