A defendant shall be punished by imprisonment for not less than two months.

The sentencing of the court below (two months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced on June 12, 2013 by the Busan District Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment became final and conclusive on October 25, 2013, which was after the judgment of the lower court was rendered. The above violation of the Act on the Control of Narcotics, etc. (fence) and each of the above crimes in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. As such, the judgment of the lower court is determined in consideration of equity in cases where the judgment is rendered at the same time under Article 39(1) of the Criminal Act.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The execution of the sentence was terminated" among the criminal records listed in the first head of the criminal facts stated in the judgment below (the second sentence) shall be changed to "the execution of the sentence was terminated, the Busan District Court sentenced on June 12, 2013 to eight months for the violation of the Act on the Control of Narcotics, etc. (the judgment became final and conclusive October 25, 2013)"; and except for adding "the search of the case" to the summary of the evidence, all of the judgment of the court below are the same as each corresponding column stated in the judgment of the court below, and shall be cited as it is in accordance with

Application of Statutes

1. Relevant Articles 319(1) and 321 of the Criminal Act and the choice of a sentence against an offense, Articles 319(1) and 321 of the Criminal Act and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.