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 first head of the facts charged in the instant case was examined by the Prosecutor, and the first head of the facts charged by the Prosecutor, which stated, “the Defendant was sentenced on January 23, 2014 by the Changwon District Court to imprisonment with prison labor on the grounds of violating the Narcotics Control Act, etc. Act on January 28, 2014, and the said judgment became final and conclusive on January 28, 2014,” respectively, applied for amendments to the applicable provisions of Acts, “the latter part of Article 37 and Article 39(1) of the Criminal Act,” and the judgment of the lower court cannot be maintained any further because it was modified by the court

3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by this court is as follows: “The defendant was sentenced on January 23, 2014 by the Changwon District Court for a violation of the Narcotics Control Act, etc. Act, etc. on January 23, 2014, and the above judgment was confirmed on January 28, 2014, which became final and conclusive on February 4, 2014.” The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “a report on investigation (the date of confirmation and the attachment of a copy of the judgment)” in the last column of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of fines for each crime;

2. Each crime and judgment in the judgment of the first sentence of Article 37 and the second sentence of Article 39(1) of the Criminal Code has become final and conclusive.