We reverse the judgment of the court below.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal: Each penalty sentenced by the original court against the defendant (the first instance judgment: imprisonment with prison labor for a period of one year, and the second instance judgment: fine of three million won) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, the first and second court rendered ex officio the judgment that determined the amount of a fine of KRW 3 million to the defendant. The second and the second court filed an appeal against each of the above two appeals. The court of the first and the second court made a decision to jointly deliberate on the above two appeals. Since each of the offenses of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) (i) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2 and 4(1) of the Narcotics Control Act; Articles 2 subparag. 3(b) (i) of the Act on the Control of Narcotics, Etc., and Article 61(1)4(a) of the Act on the Control of Narcotics, Etc., and Article 61(1)4 of the Act on the Control of Narcotics, Etc.