The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (10,000,000 won of fine) is too unhued and unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal ex officio, based on evidence, the Defendant is found to have been sentenced to imprisonment with prison labor of 4 months and additional collection of 1,580,000 won on December 3, 2015 (Cheongju District Court 2015Da1271), and the said judgment became final and conclusive on June 10, 2016.

However, in cases where the punishment of the instant crime is determined pursuant to Article 39(1) of the Criminal Act because the above crime of violation of the Act on the Control of Narcotics, etc. and the instant crime, which became final and conclusive, constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence should be imposed in consideration of equity in cases where the above crime was judged concurrently with the crime of violation

Nevertheless, the court below neglected this, so the judgment of the court below is no longer maintained in this respect.

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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

[C] The first head of the judgment of the court below is that "the defendant was sentenced to 1,580,000 won, which was sentenced to 4 months of imprisonment and 1,580,000 won, due to the violation of the Act on the Control of Narcotics, etc. (fence) at the Cheongju District Court on December 3, 2015, and the above judgment became final and conclusive on June 10, 2016" was the same as the corresponding column of the judgment of the court below, except for addition of "the defendant's trial statement and case search" in the criminal record column in the summary of the evidence, since it is identical to each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 264 and 260 (1) of the Criminal Act concerning the selection of criminal facts shall be habitually abused;