The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for the crime of Category A 1.

1. Summary of grounds for appeal;

A. Each sentence that the court below sentenced the Defendants to the Defendants (â…‘) (Defendant A: a 1-year suspended sentence of imprisonment with prison labor for a 2-month crime as set forth in the judgment of the court below; a 8-month, confiscation, additional collection of 40,00 won for a 1-year crime as set forth in the judgment of the court below; and a 2-month imprisonment with prison labor for a 10,000 won, additional collection of 70

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. We examine ex officio the judgment on the part concerning Defendant A’s provisional crime No. 1 in the judgment below prior to the judgment on the grounds of appeal by the Defendant and the prosecutor.

According to the records of this case, the defendant was sentenced to a suspended sentence of one year to imprisonment with labor for a crime of violation of the Narcotics Control Act at the Suwon District Court on January 12, 2017, and the above judgment became final and conclusive on January 20, 2017, and was sentenced to a suspended sentence of two years for the same crime at the Gwangju District Court on August 30, 2017, and the above judgment became final and conclusive on September 7, 2017, and ③ the previous conviction of the above paragraph (2) is a crime committed before the final and conclusive date of the judgment of the previous conviction of the above paragraph (1).

Therefore, since both the crimes listed in Article 39(1) of the Criminal Act and each of the crimes listed in Article 39(1) of the decision of the court below are concurrent crimes with a single judgment after Article 37 of the Criminal Act, the punishment shall be determined after considering equity and mitigation or exemption of punishment (see Supreme Court Decision 2008Do209, Oct. 23, 2008). However, the court below stated the application of the Acts and subordinate statutes under Article 39(1) of the Criminal Act by stating that only the above crimes listed in Article 39(1) of the Criminal Act shall be stated, and the remaining criminal records shall not be stated, etc., the court below determined punishment for the crime listed in Article 1 of the decision of the court below after examining the cases where each judgment of the court below becomes final and conclusive simultaneously and the equity and whether mitigation or exemption of punishment shall be mitigated or exempted pursuant to Article 39(

Therefore, among the judgment below, Defendant A's judgment No. 1-3 of the judgment of the court below.