The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the summary of the grounds for appeal ( Imprisonment with prison labor for a period of three years and six months) is unreasonable compared to the defendant's liability.

2. Before the judgment on the grounds of ex officio appeal, the prosecutor applied for amendments to the indictment with the content that “A approximately 30 ghopphones” as stated in each of the facts charged 1 through 4 in the trial of the party, respectively, was changed to “Wopphones copphones copphones copphones”, and the judgment of the court below was changed to the subject of the judgment upon permission. Thus, the judgment below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and the following is decided through a new theory of change.

【Grounds for the judgment to be used again] Facts constituting a crime and summary of evidence recognized by the court and summary of evidence are as follows: each of the facts constituting a crime 1, 2, 3, and 4 “30 ghon-phones” is as “son-phones on the face of each “son-phones,” and the summary of evidence is as stated in each corresponding column of the judgment of the court below, except for adding “1. part of the defendant’s original trial statement” as a summary of evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, as well as Article 58 (1) 3, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. selected as a penalty;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Additional Collection of Amount remitted by a defendant to seek phiphones);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant’s delivery of phiphones came to the first instance.