The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

The summary of the reasons for appeal by the defendant is that the sentence of the court below (10 months of imprisonment, confiscation and collection) sentenced to the defendant is too unreasonable.

Before determining this, as stated in all facts of the facts stated in the judgment of the court below, the defendant was sentenced to two years of suspension of execution of one year for the crime of violation of the Narcotics Control Act at the Suwon Friwon on January 22, 2016, and the above judgment becomes final and conclusive on April 18, 2016. Since the crime of this case is a concurrent crime between the crime for which judgment becomes final and the crime of this case after Article 37 of the Criminal Act, the court below should determine punishment for the crime of this case by taking into account both the case where judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act and the case where equity is to be taken into account, but the court below erred by misapprehending this, and the judgment of the court below has no choice but to reverse.

Therefore, the judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act, and the judgment is again ruled after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. (the point of scopon medication), Article 148-2 (3) and Article 45 of the Road Traffic Act (the point of operation after scopon medication) concerning the facts constituting an offense, and Article 314 (1) of the Criminal Act (the point of interference with duties) (the choice of imprisonment with prison labor);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and the defendant's phiphones.