All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

6.2.2.20 Doctrines seized.

1. Sentencing the sentencing of the gist of the grounds for appeal [the sentence of the lower court is 2 years (the first instance judgment) and 10 months (the second instance judgment)]

2. Ex officio judgment (ex officio reversal following a consolidation hearing) is examined as ex officio prior to the judgment on the grounds for each appeal by the defendant and the prosecutor.

In regard to the judgment below, the defendant filed an appeal against the judgment of the court of first instance, and this court decided to consolidate the above two appeals cases with each other.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As seen above, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, without omitting any determination of the grounds for appeal against each of the judgment of the court below and the grounds for appeal against the prosecutor’s improper sentencing against the judgment of the court of first instance. The judgment of the court below is reversed, and it is so decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the summary of evidence are identical to each of the corresponding columns of the judgment 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, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions are as follows: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.