The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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

On August 29, 2019, the defendant was sentenced to imprisonment with labor for one year at Suwon District Court for a violation of the Act on the Control of Narcotics, Etc. ( natives), and the defendant appealed, but the appeal was dismissed on December 6, 2019 (2019No5230), and the fact that the above judgment became final and conclusive on December 14, 2019 due to the defendant's failure to file an appeal is significant in this court.

As such, the crime of violation of the Act on the Control of Narcotics, etc., in which the instant crime and the judgment became final and conclusive, shall be sentenced to punishment for the instant crime in consideration of equity in cases where a judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, in relation to latter concurrent crimes under Article

Nevertheless, the court below reversed this point, and in this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

[The reasoning of the judgment below] The summary of criminal facts and evidence admitted by this court is identical to each corresponding part of the judgment below, except for adding "the defendant was sentenced to one year to imprisonment with prison labor at Suwon District Court on August 29, 2019 for a violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") to "the above judgment became final and conclusive on December 14, 2019" to the first head of the judgment below's criminal facts and the summary of evidence. Thus, it is cited as it is in accordance

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice 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 of the Criminal Procedure Act provides for an order of provisional payment.