The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months, the suspension of execution of one year, and the collection of 1.6 million won) is too unreasonable.

2. On October 8, 2015, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the grounds of a violation of the Act at the Seoul Central District Court on the Control of Narcotics, etc. on December 11, 2015 and the final judgment became final and conclusive on December 11, 2015 is either known by the record or obvious

As above, the crime of violation of the Act on the Control of Narcotics, Etc. and the crime of this case, which became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment should be imposed at the same time in consideration of equity with the case to be judged pursuant to the main sentence of Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained

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

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: “The Defendant was sentenced to eight months of imprisonment for a crime of violation of the Narcotics Control Act at the Seoul Central District Court on October 8, 2015 and the judgment became final and conclusive on December 11, 2015; and “the summary of evidence” was added to “the first instance court’s attachment (including the attachment report)” in the last part of “the summary of the evidence” as stated in the corresponding column of the judgment of the court below, except for the addition of “the first instance court’s attachment (including the attachment report)” in the last part of “the summary of the evidence” as stated in the corresponding column of the Criminal Procedure Act. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. 37 times the Criminal Code of Aggravationd concurrent crimes: Provided, That the same shall not apply