The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. On September 27, 2012, the record of the instant case reveals that the Defendant was sentenced to two years of imprisonment by the Daegu District Court on September 27, 2012 due to a violation of the Punishment, etc. of Violences Act (a collective, deadly weapon, etc.), etc., and that the said judgment became final and conclusive on February 9, 2013. As above, the crime of violation of the Punishment, etc. of Violences, etc. Act (a collective, deadly weapon, etc.) and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case is determined after considering the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act and the equality and considering the mitigation of, or exemption from punishment.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without having to judge the defendant's assertion, and it is so decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence against the defendant recognized by this court is identical to the corresponding column of the judgment below, except for the alteration to the following: "The defendant was sentenced on December 31, 2008 to one year and six months for the violation of the Act on the Control of Narcotics, Etc. (fence), the execution of the sentence is terminated on June 3, 2010, the Daegu District Court sentenced on September 27, 2012 to two years for the violation of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) and the judgment became final and conclusive on February 9, 2013, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act."

Application of Statutes

1. Article 60 (1) 2, and Article 4 (1) and subparagraph 3 of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes;