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 summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one million won penalty) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court on January 19, 2017, and appealed and appealed, but the appeal was dismissed, and on March 17, 2017, it can be recognized that the above judgment became final and conclusive on March 17, 2017. As such, the crime for which the judgment became final and conclusive and the crime of this case are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and the punishment is determined in consideration of equity and the same is determined at the same time pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Judgment] The summary of facts constituting a crime and evidence recognized by this court is subject to the column of “criminal facts” under Article 1 of the lower judgment’s sentence, and the Defendant was sentenced to imprisonment with prison labor and four months for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on January 19, 2017, and appealed, but the appeal was dismissed, and the judgment was finalized on March 17, 2017.

“A summary of evidence” in Section 2 refers to “a summary of the evidence” as it is stated in the corresponding column of the judgment of the court below, except for addition of “a previous conviction in the judgment of the court below: the defendant’s oral statement at the court below” in the last sentence, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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