The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000 for the crime of the original judgment.

1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (four months of imprisonment) is too large.

2. Determination

A. The judgment of the court of first instance is a concurrent crime as provided in the latter part of Article 37 of the Criminal Act. In this case, with respect to a crime which has not been adjudicated among concurrent crimes under Article 39(1) of the Criminal Act, the crime and the crime for which judgment has become final and conclusive shall be sentenced at the same time in consideration of equity with the case where the crime and the crime for which judgment have become final and conclusive.

Furthermore, even if there are a number of crimes for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive shall be deemed to be concurrent crimes with the crimes committed before the judgment becomes final and conclusive under the latter part of Article 37 of the Criminal Act. Therefore, in this case, a sentence shall be imposed in consideration of equity in cases where all of the crimes for which judgment has not become final

(2) In light of the records, the Defendant was sentenced to imprisonment with prison labor and six months for a violation of the Act on the Control of Narcotics, etc. on October 5, 2010 at the Daegu District Court on October 5, 2010, and the said judgment became final and conclusive on October 13, 2010 (hereinafter referred to as the “first sentence”), and on January 12, 2012, with prison labor for one year and six months at the Busan High Court on March 29, 2012, and the judgment became final and conclusive on October 21, 2012 (hereinafter referred to as the “second sentence”), and all of the crimes of equity and second sentence have become final and conclusive on March 29, 2012, taking into account both the crimes of equity and third sentence under Article 31 of the Criminal Act, and both the crimes of equity and second sentence have become final and conclusive on March 21, 2010.