The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

305,900 won shall be additionally collected from the defendant.

3.2

Summary of Grounds for Appeal

The sentence of the court below is too unreasonable.

Before determining the grounds for appeal ex officio, it shall be considered ex officio.

According to the records of this case, the Defendant was sentenced to imprisonment on January 9, 2019 by the Seoul Northern District Court for a violation of the Act on the Control of Narcotics, Etc. (fence) and on June 13, 2019 and became final and conclusive on June 13, 2019.

Each of the crimes in the holding of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime for which the above judgment became final and the latter part of Article 39 (1) of the Criminal Act, and the punishment shall be determined at the same time in consideration of equity in the case where the judgment is to be rendered simultaneously

Therefore, 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, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【The judgment of the court below, which was written in Dao, added "the defendant was sentenced on January 9, 201 to 3 years and 6 months from the punishment of violation of the Act on the Control of Narcotics, etc., at the Seoul Northern District Court on January 9, 2019, and the above judgment became final and conclusive on June 13, 2019." The summary of the evidence of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below in addition to adding "the previous conviction in the judgment of the court in 1."

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Collection;