The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to six months of imprisonment by the Seoul Eastern District Court on October 6, 2016 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the judgment became final and conclusive on October 14, 2016. Thus, the crime of violation of the Act on the Control of Narcotics, etc., in the judgment of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., for which the judgment became final and conclusive, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.

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, and the judgment below is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and evidence admitted by this court is as follows: (a) the first head of the judgment of the court below was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on December 6, 2012 at the Seoul Central District Court on January 28, 2014; (b) on July 30, 2014, the execution of the final sentence was completed on July 30, 2014; and (c) on October 6, 2016, the Seoul East District Court sentenced six months of imprisonment with prison labor for a violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, etc. at the Seoul East District Court on October 14, 2016; and (d) the judgment was finalized on October 14, 2016; and (e) the person handling narcotics is not a person handling narcotics, as stated in the corresponding column of the court below pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;