All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Nos. 5 through 8 of seized evidence.

1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for a year and six months, confiscation and collection, and imprisonment with prison labor for a year and one year, and collection in addition) of the lower court is deemed to be improper as it is too unreasonable.

2. Before determining on the grounds of appeal by the Defendant’s ex officio, this Court held the appeal cases against the judgment below jointly and tried. Each of the offenses of the judgment below consolidated in the trial by the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant's act of selling or keeping the cloudphones reaches 23 g of 23g, and the act of selling and delivering the cloudphones, etc. to others is highly harmful to society, and the act of distributing the cloudphones, etc. to others is likely to cause a crime related to narcotics, and the defendant is in the same kind of crime.