The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

80,000 won shall be additionally collected from the defendant.

3.2

Summary of Grounds for Appeal

(F) The punishment sentenced by the lower court (a year of imprisonment, an additional collection of 800,00 won) is too unreasonable.

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

In the column of the facts charged [criminal record] in the trial of the court, the prosecutor sentenced the defendant to two years and two months of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) at the Government District Court on December 13, 2019, and the above judgment became final and conclusive on December 21 of the same year,” and applied for the amendment of the indictment by adding "Article 39 of the Criminal Act" to the applicable provisions of the Act, and since the above court permitted it, the judgment of the court below was no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

【The reasoning of the judgment of the court below which has become final and conclusive on December 21, 2019, on the grounds that the part of the facts constituting the crime of the court below [criminal records] among the facts constituting the crime of the court below is "the defendant was sentenced to eight months of imprisonment for the acquisition of stolen goods at the Seoul Eastern District Court on May 27, 2016 and completed the execution of the above punishment on December 20, 2016, and on December 13, 2019, it was sentenced to two years and two months of imprisonment for the violation of the Act on the Control of Narcotics, etc. (fence) at the Jung-gu District Court on December 21, 2019 and the above judgment became final and conclusive on December 21, 2019." The last sentence of the evidence of the court below is "1. The defendant's oral statement, investigation report (Attachment of acceptance status, etc.); criminal records; criminal records; criminal records; references to the agreement of the case; each of the court rulings (hereinafter referred to the aforementioned Article 3631 of the Criminal Procedure Act)".