The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

The defendant and the court below.

1. The summary of the grounds for appeal is too unreasonable that the punishment (one hundred months of imprisonment and additional collection) imposed by the court below against the defendant is too unreasonable.

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

According to the records, the Defendant, as stated in the judgment below, was sentenced to two months in Incheon District Court on October 10, 2019 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), as stated in the judgment of the court below, and was sentenced to one year for a violation of the Act on the Control of Narcotics, etc. (hereinafter “the first sentence”), and two years in the Incheon District Court on July 11, 2019 (hereinafter “the first sentence”), and was sentenced to one year for a violation of the Act on the Control of Narcotics, etc. (fence) at the Incheon District Court on February 13, 2020 (hereinafter “the second sentence”), and ③ The crime of this case and the second sentence are all crimes committed prior to the final judgment with the first sentence.

Therefore, in both the instant crime and each of the instant crimes for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence shall be imposed in consideration of equity with the case where each of the instant crimes becomes final and conclusive under Article 39(1) of the Criminal Act.

However, the lower court determined that only the first and the second half of the Criminal Code constituted concurrent crimes under the latter part of Article 37 of the Criminal Code, and thus, the lower judgment could no longer be maintained.

3. Accordingly, the judgment of the court below is reversed as to the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the decision of the court below is delivered as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the criminal facts and the summary of the evidence. The judgment of the court below (criminal records) "the defendant is sentenced to one year imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on July 11, 2019, and the above judgment on February 13, 2020.