All judgment of the court below shall be reversed.

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

4 million won from the defendant.

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for 10 months and collection of 310,000 won, and the second instance court: imprisonment with prison labor for 10 months and collection of 90,000 won) that the lower court sentenced to the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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 which the relevant provision of criminal facts and the choice of punishment are applicable, and the choice of imprisonment, respectively;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions the crime of this case and repents, and that there is no record of criminal punishment exceeding the same crime or fine.

On the other hand, the fact that the volume of the narcotics handled is not many, the fact that the phonephones are sold or received repeatedly, and the fact that the narcotics have been administered is disadvantageous.

The above circumstances, the age, character and conduct, the environment, the motive, means and consequence of the crime.