The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. On January 9, 2020, the Defendant was sentenced to imprisonment with prison labor for a year and six months due to a violation of the Act on the Control of Narcotics, Etc. at the District Court on the Republic of Korea on September 7, 2020 and became final and conclusive on September 7, 2020.

The Defendant’s crime of violation of the Act on the Control of Narcotics, etc., in which judgment became final and conclusive, and the crime of violation of the latter part of Article 37 of the Criminal Act is concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and thus, the sentence should be imposed in consideration of equity with the case where the judgment is to be rendered at the same time. As such, the lower judgment

3. The judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the ground that the above grounds for reversal ex officio are established. The judgment below is reversed, and the following is again decided after pleading.

[Reasons for the judgment of multiple court] The summary of criminal facts and evidence and the summary of the evidence of the court below are as follows: "The defendant was sentenced on January 9, 202 to one year and six months by imprisonment with prison labor at the Jung-gu District Court on September 7, 2020 due to the violation of the Act on the Control of Narcotics, etc. (fence), and the judgment became final and conclusive on September 7, 2020." The summary of the evidence is as stated in the corresponding column except for adding "1....................... the defendant's criminal records at the court court, judgment, investigation report (the confirmation of the case in the suspect's trial), case agreement auxiliary, and the statement of the fixed date inquiry

Application of Statutes

1. Article 15 (1) of the Act on the Fair Debt Collection Practices and Article 15 (1) and Article 9 subparagraph 1 of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.