The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The defendant does not pay the above fine.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. Crimes for which judgment of ex officio by decision without prison labor or heavier punishment has become final and crimes for which judgment has become final and conclusive prior to the final and conclusive judgment falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, punishment for such crimes shall be sentenced in consideration of equity in cases where a judgment of concurrent crimes under Article 39 (1) of the Criminal Act has become final and conclusive at the same time with regard

In such a case, where a crime for which judgment has not yet been rendered could not be judged simultaneously with a crime for which judgment has already become final and conclusive, the sentence of punishment shall not be imposed at the same time in consideration of equity and equity pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2013Do1203, May 16, 2014). According to the records of this case, the Defendant was sentenced by imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon method Board on May 22, 2015 and the said judgment became final and conclusive (hereinafter “final and conclusive judgment”) on May 30, 2015.

In addition, on April 28, 2017, after being sentenced to imprisonment of one year and four months for a violation of the Narcotics Control Act at the Suwon method, the judgment became final and conclusive on July 6, 2017 (hereinafter “final and conclusive judgment”).

Meanwhile, since the crime of final and conclusive judgment No. 2 was committed on June 6 to July 2016, which became final and conclusive after the date of final and conclusive judgment No. 1, the crime of final and conclusive judgment No. 2 constitutes a case where a judgment cannot be sentenced simultaneously with the crime of committing a final and conclusive judgment No. 1. 2.

However, the lower court, under Article 39(1) of the Criminal Act, sentenced the instant crime, which was committed prior to the date of final and conclusive judgment No. 1, by misapprehending the legal doctrine of Article 39(1) of the Criminal Act, to sentence sentence in consideration of the crime of final and conclusive judgment and equity.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, since there exist grounds for reversal ex officio.