The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

90,000 won shall be additionally collected from the defendant.

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. At the time of the instant case, the Defendant was in a state of mental and physical disability due to shock disorder.

(b) mental health;

The sentencing (two years of imprisonment and additional collection) of the lower court is excessively unreasonable.

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

According to the records, in the Seosan branch of the Daejeon District Court on January 19, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and such judgment became final and conclusive on October 22, 2019.

The crime of violation of the Act on the Control of Narcotics, etc. (fence) as stated in the judgment of the court below against the defendant and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive, shall be sentenced to punishment for each crime as stated in the judgment of the court below in consideration of equality in the case where it is judged simultaneously

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the ground that the above grounds for ex officio reversal exist, and the judgment below is ruled as follows.

[Grounds] The summary of the criminal facts and evidence recognized by the court of this Court is "the defendant was sentenced to imprisonment with prison labor for three years and six months on July 11, 2014 and completed the execution of the sentence on March 27, 2016 at the Daejeon High Court of the Daejeon High Court on March 11, 2014, and sentenced three years and six months on July 11, 2014 to the violation of the Act on the Control of Narcotics, etc. (fence), and the execution of the sentence was completed on March 27, 2016. The judgment was sentenced to two years on January 19, 2018 to the violation of the Act on the Control of Narcotics, etc. (fence) at the Seosan Branch of the Daejeon High Court of the Daejeon High Court of the Daejeon High Court of the Daejeon High Court of the Daejeon High Court, which became final and conclusive on October 22, 2019."