The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

On February 5, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on February 5, 2016 and the judgment became final and conclusive on August 24, 2016.

Each of the crimes of this case in relation to the above crimes for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, a sentence shall be imposed in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below which determined the punishment against the defendant cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced by the Busan District Court on February 5, 2016 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and two months, which became final and conclusive on August 24, 2016.” The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of “1. previous records: case agreement assistant and each judgment” in the main part of the evidence, and thus, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.