The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of the instant case’s ex officio determination, the Defendant, at the Incheon District Court’s Branch Branch on August 8, 2013, was sentenced to imprisonment for six months as a crime of violating the Act on the Control of Narcotics, etc., and was sentenced to two years as a suspended sentence for six months, and the said judgment became final and conclusive on August 17, 2013.

The crime of violation of the Act on the Control of Narcotics, etc. and the crime of this case, which became final and conclusive, shall be determined in consideration of equity and equality in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the lower court which

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 ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for adding "the defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) at the Incheon District Court's Branch on August 8, 2013 and the judgment became final and conclusive August 17, 2013" to "the defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Control of Narcotics, etc., in the front of the facts charged of the judgment below." Thus

Application of Statutes

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of fines for criminal facts;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 191 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;