The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Nos. 8 through 8.

1. The decision of the court below (the punishment of 6 months, confiscation, 266,00 won) is too unreasonable.

2. On June 2, 2016, the Defendant was sentenced to imprisonment of one year and two months with prison labor for a violation of the Narcotics Control Act at the Suwon Franchising Station on June 2, 2016. The above judgment can be recognized as the facts established on October 27, 2016, which was after the judgment of the court below was rendered. The above crime of violation of the Act on the Control of Narcotics, Etc. and the instant crime should be sentenced in consideration of the case of concurrent crimes by the latter part of Article 37 of the Criminal Act in relation to the latter part of Article 39(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

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

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence were sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Friwon on June 2, 2016. The above judgment became final and conclusive on October 27, 2016.

“Unless “1. Investigation Report (Attachment of Judgment)” is added as evidence for the previous conviction in the column of evidence as stated in the judgment, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Article 230 of the Criminal Act, and selection of imprisonment for each type of punishment;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;