The judgment of the court below is reversed.

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

480,000 won shall be collected from the defendant.

1. The summary of the grounds for appeal filed a claim of grounds for appeal against mistake of facts regarding paragraph (3) of the crime of the lower judgment, but withdrawal of the allegation of grounds for appeal against mistake of facts and recognition of the changed charges on the trial date on December 8, 2016, which was subsequent to the permission of this court to amend the indictment. Only the allegation of grounds for appeal

The punishment sentenced by the court below (one year of imprisonment, 1480,000 won of a surcharge) is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor, at the trial of the court below, applied for an amendment to the amendment of the Act on the Control of Narcotics, Etc. (hereinafter referred to as "crimes") with the following facts charged as to the violation of the Act on the Control of Narcotics, etc. (fence) on November 24, 2015 as stated in the judgment below, and this court permitted the amendment, thereby changing the subject of the judgment

However, the lower court, however, deemed the above crime and the rest of the judgment of the lower court as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment, and thus, the lower judgment was no longer maintained in its entirety.

3. Accordingly, 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 reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence acknowledged by the court of this court are as follows. In addition to the fact-finding paragraph (3) of the judgment below's order that "the defendant's partial statement of 1." among the summary of evidence is "the defendant's oral statement of 1.1." it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

3. At around 17:00 on November 24, 2015, the Defendant shall return to H in the event before the J Hospital located in Seo-gu Incheon, Seo-gu, Incheon.