All the judgment of the court below are reversed.

Defendant

A shall be punished by imprisonment with prison labor for two years and by imprisonment for eight months.

Summary of Reasons for appeal

A. Defendant A (1) At the time of committing the instant crime, the Defendant was physically and mentally weak.

(2) Each sentence of the original judgment against the above defendant (the first instance judgment: imprisonment of 1 year and 6 months, additional collection of 600,000 won: imprisonment of 1 year and 600,000 won: 2 years: 1 year, additional collection of 1.4 million won) is too unreasonable.

B. The judgment of the first instance court against the above defendant B (the imprisonment of 8 months and the additional collection of 1.2 million won) is too unreasonable.

Judgment

A. Judgment on Defendant A’s assertion (1) We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The Court decided to consolidate each appeal case against the original judgment.

Therefore, since each of the above decisions of the court below against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one of the above crimes must be sentenced in accordance with Article 38 of the Criminal Act if the two are consolidated and judged simultaneously.

Therefore, among the judgment of the court below, the above defendant cannot be maintained as it is.

(2) In full view of the background leading up to the Defendant to commit a crime, the means and methods of committing a crime, the act of the Defendant before and after the commission of the crime, etc., the Defendant was in a state which lacks the ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. As to the Defendant’s assertion, there is an unfavorable circumstance to the Defendant, such as that the Defendant provided and sold narcotics beyond a simple administration.

However, in full view of the following circumstances: (a) the Defendant both recognized the crimes and made mistake against the Defendant; (b) the Defendant actively cooperatedd with the narcotics investigation; (c) the Defendant has no criminal record for the same kind of crime and has no serious criminal record exceeding the suspension of execution; and (d) the Defendant’s age, sex, environment, circumstances of the crimes; and (e) other conditions of sentencing, such as the circumstances after the crime, etc., the lower court.