The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in this case, the lower court’s punishment against the Defendant (a fine of KRW 500,000) is too unreasonable.

2. On June 22, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on January 8, 2019, and the said judgment became final and conclusive on January 8, 2019.

Since the crime of conflict against the defendant and the crime of the above judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of conflict with the judgment of the court below shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to the main sentence of Article 39 (1) of the Criminal Act, so the judgment of the court below cannot be maintained

3. The decision of the court below is without examining the defendant's assertion of unfair sentencing, and it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are all the facts charged in the judgment of the court below. "The defendant was sentenced on June 22, 2018 by imprisonment with prison labor of one year and six months and the above judgment became final and conclusive on January 8, 2019 due to the violation of the Act on the Control of Narcotics, etc. (fence) at the Suwon District Court on June 22, 2018." The summary of the evidence is as stated in the corresponding column of the judgment of the court below except for adding "the case search and the judgment" to "the summary of the evidence". Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment did not comply with the request for leave without paying accommodation expenses from the motherel in business.