All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

80,000 won shall be additionally collected from the defendant.

Summary of Grounds for Appeal

Each sentence sentenced by the court below (the first sentence: 10 months of imprisonment and 1 year and 4 months of imprisonment) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal, the court of first instance and the court of second instance decided to jointly examine each appeal case against the defendant. The first and second judgment are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, which are related to concurrent crimes in accordance with Article 38(1) of the Criminal Act, and shall simultaneously be sentenced to a single punishment within the scope of the term of punishment increased by concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act. In this regard, the first and second judgment cannot be maintained.

Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (3) and Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (3) and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Articles 284 and 283 (1) of the Criminal Act, Articles 283 (1) of the same Act, Articles 148-2 (3), and 45 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 153 of the Road Traffic Act, each choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Each collection;