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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
One for disposable equipment seized (Seoul District Prosecutors' Office.......)
Reasons
1. The summary of the grounds for appeal appealed from the lower court’s punishment [one year and four months, confiscation, and collection KRW 600,000,000] so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment too unfluent and unfair.
2. According to the records of ex officio determination, the Defendant appealed on October 20, 2016 after being sentenced to imprisonment with labor for one year for a crime of violation of the Punishment of Violences, etc. Act (joint conflict) and a violation of the Narcotics Control Act at the Eastern District Court on March 16, 2017, but was sentenced to dismissal of appeal on March 16, 2017, and the fact that the judgment became final and conclusive on March 24, 2017 by failing to file an appeal.
As a result of the confirmation of the above judgment, each of the crimes in this case and the above violation of the Punishment of Violences, etc. Act (joint conflict) and the violation of the Narcotics Control Act (fence) committed by the defendant on the grounds that the latter part of Article 37 of the Criminal Act are concurrent crimes in relation to the latter part of Article 39 (1) of the Criminal Act, and the judgment of the court below should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with the first part of
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for reversal of authority, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to one year to imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) and a violation of the Narcotics Control Act in the Seoul Eastern District Court on October 20, 2016, and the judgment became final and conclusive on March 24, 2017.
As stated in each corresponding column of the judgment of the court below, "other than addition, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;