The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the lower court (a fine of five million won) is too unreasonable.

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

According to the records of this case, the defendant was sentenced on June 18, 202 to imprisonment with prison labor for 4 months and 8 months for violation of the Narcotics Control Act at the Suwon District Court of Suwon District on June 18, 2020 and the judgment became final and conclusive on October 6, 2020.

As the crime of violation of the Act on the Control of Narcotics, etc. and the crime of violation of the judgment of the court below against the defendant, which became final and conclusive, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of violation of the Act on the Control of Narcotics, etc. shall be sentenced in consideration of equity in the case where the judgment is rendered simultaneously

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again judged as follows.

[The reasoning of the judgment of the court below] The summary of criminal facts and evidence recognized by this court is that "the defendant was sentenced to two years of suspended sentence on October 28, 2019 to imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) at the Jung-gu District Court on November 28, 2019, and the judgment became final and conclusive on December 6, 2019. On June 18, 2020, the Suwon District Court sentenced four months of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence), and eight months of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) and the summary of the criminal facts and evidence," and the second through third through 1 of the judgment of the court below shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;