The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to imprisonment with prison labor of one year and four months, and additional collection of KRW 500,000 on August 23, 2013 at the Incheon District Court on February 6, 2013, and the above judgment became final and conclusive on August 23, 2013. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of this case are determined after examining whether to reduce or exempt punishment in accordance with Article 39(1) of the Criminal Act. As such, the lower judgment cannot be upheld in this regard.

3. Therefore, the judgment of the court below is reversed ex officio 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, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows. The first head of the criminal facts added "the defendant is a person who was sentenced to 1 year and 4 months of imprisonment and 500,000 won for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Incheon District Court on February 6, 2013 and the above judgment became final and conclusive on August 23, 2013." 1. The summary of the evidence added "1. It is the same as the corresponding column of the judgment of the court below, except for the addition of a crime and investigation record data inquiry, an integrated inquiry, and a judgment."

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is the instant crime.