A defendant shall be punished by imprisonment for not less than one year and six months.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on October 8, 2019, and the above judgment became final and conclusive on October 6, 2020 following the Defendant’s appeal ( Daegu District Court Decision 2019Da539, 1743, 2232, 2532, 2533, 4276, and 4276, Daegu District Court Decision 2019No4052-1, Sept. 25, 2020). The crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the Act on the Control of Narcotics, etc., for which the judgment becomes final and conclusive, and at the same time, the court below’s decision that did not determine the punishment after examining whether to reduce or exempt punishment pursuant to Article 39(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is added to the first head of the judgment of the court below, "the defendant was sentenced to ten months of imprisonment with prison labor on October 8, 2019 for the violation of the Act on the Control of Narcotics, Etc. (Korean Madern District Court)" and the judgment became final and conclusive on October 6, 2020, and "a summary of the evidence" 1. A copy of each of the criminal records stated in the judgment [the Daegu District Court Decision 2019Da539, 539, 1743 (Joint), 2232 (Joint), 2533 (Joint), 4276 (Joint), 4276 (Joint), and Daegu District Court Decision 2019No4052-1 (Separation) on September 25, 2020].