The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and additional collection KRW 60,000) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, according to the evidence duly adopted and examined by this court, the Defendant was sentenced to imprisonment for August, 2016, 2 years of probation, 1 year of protection observation, 40 hours of compulsory treatment, 1,046, 856 won, and the above judgment became final and conclusive on April 16, 2016, and the crime of violation of the Narcotics Control Act (narcotics) and the crime of this case, which became final and conclusive, are concurrent crimes after Article 37 of the Criminal Act, and thus, the Defendant was sentenced to punishment in consideration of equity with the case where it is judged simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act. In this respect, the lower court is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence of the criminal facts and the summary of the evidence were all the criminal facts and the judgment on April 16, 2016, which became final and conclusive on the following grounds: (a) imprisonment for eight months; (b) suspension of execution 2 years; (c) protection and observation 1 year; and (d) suspension of drug treatment class 40 hours; (b) additional collection 1,046,856 won; and (c) the defendant was sentenced to the violation of the Narcotics Control Act (narcotics) in the support of the Suwon Flag method of Suwon

“Along with the addition of “1. Court Decision (Seowon District Court Decision)” at the end of the summary of the evidence, it is identical to the corresponding column of the original judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Management of narcotics, etc. under the corresponding provisions of the Act concerning criminal facts;