The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the suspended execution of one year, the observation of protection between two years, and the additional collection of KRW 8.6 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine ex officio determination.

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the Defendant, who was sentenced to the lower judgment on June 8, 2017, was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Suwon District Court’s Pyeongtaek District Court on the ground of a violation of the Act on the Control of Narcotics, etc. on November 17, 2017, and the said judgment became final and conclusive.

Therefore, the judgment of the court below that did not sentence the instant crime in consideration of equity in cases where the said judgment was rendered concurrently with the crime of violation of the Act on the Control of Narcotics, Etc. for which the said judgment became final and conclusive, thereby making it impossible to maintain any further.

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

Criminal facts

The summary of the facts constituting a crime and evidence recognized by this court is the first head of the lower judgment, and the Defendant was sentenced to imprisonment with prison labor on June 8, 2017 and on November 17, 2017, with prison labor for a violation of the Narcotics Control Act (fluence) at the Suwon District Court Sejong District Court’s Pyeongtaek District Court’s Housing Site on June 8, 2017, and the said judgment became final and conclusive.

“A previous conviction in the judgment of the court below” is added to “a summary of the evidence” column, and, except for the addition of “a prior conviction in the judgment of the court below: the Defendant’s oral statement at the court below’s own time,” the same is the same as the corresponding