The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. We examine ex officio the defendant's appeal prior to examining the grounds for appeal.

According to records, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul High Court on March 24, 2016, and the judgment became final and conclusive on April 1, 2016. As such, the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive and the crime of this case committed before the judgment becomes final and conclusive, are in a concurrent crime relationship after Article 37 of the Criminal Act, and thus, the Defendant shall be sentenced to punishment for the instant crime in consideration of equity with the case where the judgment was rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is delivered after oral argument.

Criminal facts

The summary of the facts and evidence of the Defendant’s criminal facts and the gist of the evidence admitted by this court are as follows: “The Defendant was sentenced to two years to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul High Court on March 24, 2016 and the said judgment became final and conclusive on April 1, 2016.

“A previous conviction in the judgment: (a)” is added to the column for the evidence, and except for the addition of “a criminal record in the judgment,” “a criminal investigation report (for criminal suspects’ trials) and the Defendant’s legal statement,” and thus, it is identical to each corresponding column of the judgment of the court below. Accordingly, all of them are cited in accordance with

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 257(1) of the Criminal Act relating to criminal facts

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act to attract a workhouse;