The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing): The punishment of the court below (the court below's judgment of 1: imprisonment with prison labor of 1 year and 6 months, and the court below's judgment of 2: fine of 7 million won) is too unreasonable.

2. Determination

A. The Defendant filed an appeal against the lower judgment regarding the existence of the ground for ex officio reversal, and the instant court decided to concurrently examine the aforementioned two appeals cases. However, according to the evidence, the date and time of the first instance judgment from February 4, 2017 to March 27, 2017, and the date and time of the second instance judgment to commit the crime is from October 2015 to May 19, 2016, which is between the first instance judgment and the first instance judgment on October 27, 2016, the Defendant committed the second instance judgment and the first instance judgment on October 27, 2016, which was sentenced to a suspended sentence of one year for a violation of the Narcotics Control Act at the Seoul Central District Court, and the said judgment became final and conclusive on November 4, 2016, and each of the instant crimes is not deemed concurrent crimes under Article 37 of the Criminal Act.

Therefore, each of the crimes in the judgment below Nos. 1 and 2 does not require a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, and thus does not constitute a ground for ex officio reversal.

B. As to the judgment of the court of first instance regarding the determination of the illegality of sentencing, the court below sentenced the defendant to one year and six months by taking into account the following: (a) the defendant committed the instant crime during the suspension of execution due to the same kind of crime; (b) the defendant committed the instant crime despite being tried for the same kind of crime; (c) the nature of the instant crime is not good; (d) on the other hand, the defendant recognized the instant crime; and (e) the fact that the defendant reflected in the

In relation to the judgment of the court below of the second instance, the court below did not have the nature of the crime of this case, but is judged concurrently with the crime of this case where the defendant recognized the crime and reflects the defendant, and the judgment of each of the crimes of this case becomes final.