The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) is too unreasonable in view of the fact that the victim agreed with the summary of the grounds for appeal, and the circumstances leading to the instant crime, etc.

2. Prior to the judgment on the grounds for appeal ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Suwon District Court on July 12, 2019 for a violation of the Act on the Control of Narcotics, Etc. (fence) and that the judgment became final and conclusive on August 19, 2019.

The crime of violation of the Act on the Control of Narcotics, etc. (e.g., the crime of the court below and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive with respect to the defendant, shall be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is held simultaneously pursuant to Article 39(1) of the Criminal Act.

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 assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

[C] The first head of the lower judgment’s criminal facts and the summary of the evidence found by the court below are as follows: “The Defendant was sentenced to imprisonment with prison labor for one year and six months at the Suwon District Court on July 12, 2019 for a violation of the Act on the Control of Narcotics, etc. (fence) and that the judgment became final and conclusive on August 19, 2019; and “1...................., in the end of the evidence: the Defendant’s statement in this court, and obvious facts in this court,” and it is identical to each corresponding column of the lower court’s judgment, except for addition of “the Defendant’s statement in this court,” thereby citing

Application of Statutes

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act, the suspension of execution;