All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

5,218,800 won from the defendant.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment of one year and two months, additional collection of KRW 716,00, and KRW 2: imprisonment of two months, additional collection of KRW 4,502,80) that the lower court sentenced to is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the case No. 2016 No. 3960 of this Court, which is the case of appeal against the judgment of the court of first instance, was consolidated in the proceedings of the first instance court’s trial. The case No. 2016 of this Court, which is the case of appeal against the judgment of the court of second instance, was the case of appeal against the judgment of the court of second instance. Each of the crimes of Articles 1 and 2 shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act, in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more.

3. If so, 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, since there is a ground for reversal under the above authority, and it is again decided as follows.

【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the Selection of Imprisonment with prison labor, respectively;

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. Second instance of Article 67 (proviso) of the Act on the Control of Narcotics, Etc. (i.e., KRW 16,000 in the sale price of Paragraph 1-5 of the judgment below (i.e., KRW 100,00 in the market price of KRW 266,000 in the first sale price of Paragraph 2 of the judgment below) : KRW 4,502,80 in the judgment below (i.e., KRW 1-5 million in the sale price of KRW 4,000 in the judgment below).