The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The reasoning of the appeal is that the lower court’s punishment (five million won in a penalty) is too unhued and unreasonable.

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

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, on May 11, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in the Sungnam Support, which was after the judgment of the lower court was rendered on February 3, 2017.

Therefore, the judgment of the court below that did not sentence the instant crime in consideration of equity in cases where the said judgment was rendered concurrently with the crime of violation of the Act on the Control of Narcotics, Etc. for which the said judgment became final and conclusive, thereby making it impossible to maintain any further.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by this court is the first head of the lower judgment’s criminal history, and the Defendant was sentenced to imprisonment with labor for one year for a violation of the Narcotics Control Act at the Sungnam Support of Suwon Friwon, 2016, and the said judgment became final and conclusive on February 3, 2017.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes and Article 2 subparag. 3 of the Act on the Management of Narcotics, etc.