Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

A. The sentence imposed by the lower court (1.5 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Before determining ex officio the grounds for appeal by the Defendant and the prosecutor, according to the statement made by the Defendant at the court of first instance, the Defendant was sentenced to one year from July 19, 2017 to a violation of the Narcotics Control Act in the Busan District Court’s branch branch branch branch on the July 27, 2017, and the judgment became final and conclusive on July 27, 2017. As above, the crime of violation of the Narcotics Control Act (fence) and the crime of this case, which became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the punishment for the crime of this case is determined at the same time by taking into account the case where the judgment is to be rendered and equity in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the original judgment on July 19, 2017, "the defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Busan District Court's Dong Branch's Branch's Support, and the judgment on July 27, 2017 became final and conclusive on July 27, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The Criminal Act to attract a workhouse;