The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. Before examining the reasoning for the Defendant’s appeal ex officio, the record of this case reveals that the Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on November 13, 2015 and became final and conclusive on November 21, 2015. As such, the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive, as seen in the above crime of this case and the crime of violation of the Act on the Control of Narcotics, Etc., in relation to concurrent crimes after Article 37 of the Criminal Act, is determined after examining whether to concurrently render judgment and equity in accordance with Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence. In this regard, the lower judgment cannot be 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 defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to two years of imprisonment for a crime of violation of the Narcotics Control Act at the Daegu District Court on November 13, 2015, and the judgment became final and conclusive on November 21, 2015” in the first head of the lower judgment’s criminal history and the summary of the evidence; and “1................. the Defendant’s criminal records: the Defendant’s criminal records; the result of the case’s search; and the copy of each judgment,” as stated in each corresponding column of the lower judgment, except for the addition of each “each description of the original judgment” as stated in each corresponding column under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

2. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1) shall apply;

3. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouse.