The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence of heading 8, 9, and 10 shall be confiscated.

1. The summary of the grounds for appeal that the court below imposed on the defendant (one hundred months of imprisonment, confiscation, and collection) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the defendant was sentenced to a suspended sentence of two years in August 15, 2015 by the Busan District Court (2014Da8315, 9977, and 10064) on April 15, 2015, for the crime of violation of the Act on the Control of Narcotics, etc. (merged). The above judgment becomes formally final and conclusive, and the defendant applied for the recovery of his/her right of appeal and issued a decision of recovery of his/her right of appeal on July 15, 2015. After that, the defendant withdrawn the appeal on October 6, 2015 at the above appellate court (2015No2372, Busan District Court), and on the same day, the above judgment becomes final and conclusive.

Therefore, in relation to each crime of the judgment of the court below and each crime of the latter part of Article 37 of the Criminal Act, the punishment shall be determined in consideration of equity between the crime for which the judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act and the case for which the judgment of the court below becomes final and conclusive.

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

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by this court is as follows: ① on April 15, 2015, the first head of the judgment of the court below added “the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Busan District Court on April 15, 2015, and the judgment became final and conclusive on October 6, 2015”; ② adding “1. A criminal record: a criminal investigation report, the summary of the instant agreement, and the written judgment (fence8315, etc.)” to the summary of the evidence, each of the judgment of the court below, except for the following.