The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

10,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant, after committing the instant crime by misapprehending the legal principles, was sentenced to imprisonment for a crime of violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive, the above crime and the instant crime, which became final and conclusive, shall be determined by taking into account equity with the case of concurrent crimes under the latter part of Article 3

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. We examine the misapprehension of legal principles as to the grounds for appeal.

According to the records, on December 20, 2012, which is after the judgment of the court below was rendered, the Defendant, at the Seoul Central District Court, sentenced one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and became final and conclusive on February 15, 2013. As such, the above crime and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by a sentence after considering equity in cases where a judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus,

3. If so, the defendant's assertion of legal principles is with merit, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again through pleading

[Dao-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is added to "the defendant was sentenced to one year after he was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act, at the Seoul Central District Court on December 20, 2012, and the above judgment became final and conclusive on February 15, 2013" at the end of the first criminal facts of the judgment of the court below, and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, except for addition of "case Arrangement Aid, Decision of the Supreme Court, and each Decision" to the summary of the evidence.