All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the punishment of each fine of two million won imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case of this Court No. 2012No3971, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No97, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes of the judgment of the court below Nos. 1 and 2 is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In addition, on November 9, 2012, the Defendant was sentenced to imprisonment for ten months with prison labor for a crime of violating the Act on the Control of Narcotics, etc. at the Busan District Court on November 9, 2012 and the judgment becomes final and conclusive on January 24, 2013. The above violation of the Act on the Control of Narcotics, etc. (fence) and the Defendant’s crime of violating the Act on the Control of Narcotics, etc. and the latter part of Article 37 of the Criminal Act are in both concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the sentence should be determined after considering equity in cases where judgment is concurrently rendered under Article 39(1)

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided following the oral argument as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the crime, and "the defendant was sentenced to imprisonment with prison labor for ten months at the Busan District Court on November 9, 2012 for the violation of the Act on the Control of Narcotics, etc. (fence) and the judgment became final and conclusive January 24, 2013."