A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

A. There was no intention to commit the crime with respect to the attempted provision and possession of misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of the lower court’s unfair sentencing (one year and two years of imprisonment, one year and two years of suspended sentence) is too unreasonable.

2. Determination

A. According to the evidence submitted by the prosecutor in the health room and the trial before the judgment on the grounds for appeal by the Defendant’s ex officio, the fact that the Defendant was sentenced to six months imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on December 15, 2016 and the said judgment became final and conclusive on June 9, 2017.

Since the above crimes for which judgment has become final and conclusive and each of the crimes in the judgment of the court below are concurrent crimes in the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained

However, even if there are the above reasons for reversal of authority, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

B. The Defendant asserted as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine at the lower court, and the lower court rejected the Defendant’s assertion by explaining its reasoning.

According to the evidence duly adopted and examined by the court below, the above judgment of the court below is justified, and the defendant's above assertion is without merit.

3. As seen above, the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below on December 15, 2016 and the judgment on June 9, 2017 became final and conclusive on the following grounds: “The Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on December 15, 2016.

“1. A previous conviction in the judgment of the court below” is the same as the judgment of the court in addition to adding “1. A previous conviction” to the Defendant’s legal statement and each written judgment.

Application of Statutes

1. Criminal facts;