The judgment of the court below is reversed.

The sentence against the accused shall be 5,000,000 won.

Defendant. A fine.

1. The reasoning of the appeal is heavier than that of the lower court.

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

According to the records, on February 1, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act (compacting) at the District Court of the Republic of Korea on February 1, 2016, and the Defendant’s appeal was dismissed on April 5, 2016, which was after the lower judgment was sentenced, and the judgment became final and conclusive on April 13, 2016.

The crime of the judgment of the court below against the defendant and the violation of the Act on the Management of Narcotics, etc. for which the judgment of the court below has become final and conclusive, are concurrent crimes of the latter part of Article 37

In accordance with Article 39(1) of the Criminal Act, this Court shall re-determine the sentence against the accused in consideration of the equity in the case of concurrent judgment.

The judgment of the court below shall no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal for an improper appeal, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

On February 1, 2016, the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on February 1, 2016, and the judgment on April 13, 2016 became final and conclusive.

With the exception of addition, each corresponding column of the judgment of the court below is the same as that of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Article 60 (1) 1, and Article 4 (1) 3 (b) of the same Act (elective fines);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The order of provisional payment;