The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

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 (2 million won in penalty) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance on July 1, 2016, the Defendant was sentenced to one year and six months by imprisonment at the Busan District Court on July 1, 2016 and the judgment became final and conclusive on November 12, 2016. As above, the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive, and the instant crime of this case are concurrent crimes under Article 37 of the Criminal Act, with regard to the latter concurrent crimes under Article 39(1) of the Criminal Act, and the punishment for the instant crime is determined at the same time by considering equity and the case where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act. In this regard, the lower court

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below, and the judgment of November 12, 2016 became final and conclusive on July 1, 2016, when the defendant was sentenced to imprisonment for one year and six months for a violation of the Narcotics Control Act at the Busan District Court on July 1, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. 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);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.