The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

10,000 won shall be additionally collected from the defendant.

3.2

Summary of Grounds for Appeal

The punishment of the court below (4 months of imprisonment) is too unreasonable.

2. Ex officio determination: (a) the prosecutor applied for permission to amend the indictment to the defendant at the trial court as stated below (the reasons why the judgment was written in multiple ways) and the subject of the judgment was changed by this court, and thus, (b) the judgment of the court below was no longer maintained.

3. Therefore, 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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

[The reasons for the judgment of the court below] The criminal facts and the summary of the evidence admitted by this court are as follows. The part of the court below's criminal facts against the defendant, "the defendant is a foreigner of the nationality of Malaysia who has been detained on September 20, 2019 and currently pending trial after being prosecuted for the same crime with the above court on January 10, 2020," which read "the defendant is a foreigner of the nationality of Malaysia who has been detained on September 10, 2020 and has been sentenced to two years of imprisonment with prison labor at the Suwon District Court on March 12, 2020, and this judgment was changed to "the judgment became final and conclusive on July 17, 2020," and it is identical to the corresponding column of the court below's judgment except for adding "1. prior conviction," and "the search of the case" as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is the provisional payment order under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and Article 39(1) of the Act on the Provisional Payment Order under Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b), Article 30 of the Criminal Act, Article 37 of the Criminal Act, and Article 334(1) of the same Act.