The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case show that the Defendant, in Seoul High Court on July 23, 2015, sentenced one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on July 31, 2015. As such, the crime of this case and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive as above, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and the case where the sentence is mitigated or exempted. In this respect, the lower judgment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, 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 first head of the judgment of the court below is that "the defendant was sentenced by the Seoul High Court on July 23, 2015 to imprisonment with prison labor of one year and six months for the violation of the Act on the Control of Narcotics, Etc. (fence) and the judgment became final and conclusive on July 31, 2015," and "1. A previous conviction in the summary of the evidence" is as stated in the corresponding column of the judgment of the court below, except for addition of "each of the statements in the summary of the agreement, the subsidiary of the case and the copy of each judgment" as stated in the corresponding column of the court below

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Fines for Criminal Facts;

2. The latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes; and