The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. We examine ex officio the reasoning for the prosecutor’s appeal against the judgment of the court below.

On February 2, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence), etc. at the Suwon Methods Board, and the judgment became final and conclusive on November 11, 2017. As such, each of the instant crimes against the Defendant and the instant violation of the Narcotics Control Act, which became final and conclusive on November 11, 2017, are in a concurrent relationship with the Defendant after Article 37 of the Criminal Act, and the sentence is determined in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment was unable to be maintained.

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

[Re-written judgment] The summary of criminal facts and evidence recognized by this court was sentenced to eight months of imprisonment with prison labor on February 2, 2017 for violation of the Act on the Control of Narcotics, Etc. at the Suwon Franchisor, and the judgment became final and conclusive on November 11, 2017.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 261 and 260(1) (a) (a point of special assault) of the Criminal Act, and the selection of fines for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order