The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 4,00,000) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

On December 18, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on April 15, 2016, and the judgment became final and conclusive on April 15, 2016. The Defendant’s crime and the violation of the Act on the Control of Narcotics, Etc., which became final and conclusive on April 15, 2016, are concurrent crimes of a group after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime as prescribed by the judgment of the court below, taking into account equity with the case where the Defendant makes a concurrent judgment pursuant to the main sentence of

Therefore, at the trial of the party, the prosecutor sentenced the defendant to the charge of the indictment in this case on December 18, 2015, the defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 15, 2016, and the above judgment became final and conclusive on April 15, 2016.

In addition, “Article 39(1) of the Criminal Act” was added to “Article 39(1) of the applicable law,” and this Court was permitted to do so.

In this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing.

[Judgment] The first head of the “criminal facts” column of the judgment of the court below was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 18, 2015 and the judgment on April 15, 2016 became final and conclusive.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to the description in the corresponding column of the lower judgment, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

(e).