The sentence against the accused shall be 5,000,000 won.

Defendant. A fine.

A. The lower court’s punishment is heavy.

B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.

2. We examine ex officio prior to the judgment on the grounds of unfair appeal by the defendant and prosecutor.

According to the records, on September 18, 2015, the Defendant was sentenced to one year by imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and on March 18, 2016, which is after the sentence of the lower judgment, can be recognized that the said judgment became final and conclusive on March 18,

The crime of the judgment of the court below against the defendant and the violation of the Act on the Management of Narcotics, etc. for which the judgment of the court below has become final and conclusive, are concurrent crimes of the latter part of Article 37

In accordance with Article 39(1) of the Criminal Act, this Court shall determine the sentence against the accused in consideration of the equality in the case of concurrent judgment.

The judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the grounds for an unfair appeal for 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

On September 18, 2015, the summary of the crime and evidence against the defendant recognized by the court was sentenced to one year by imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on September 18, 2015, and the judgment became final and conclusive on March 18, 2016.

With the exception of addition, each corresponding column of the judgment of the court below is the same as that of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal records, the contents of the crime, and the judgment of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.