The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

According to the evidence duly adopted and examined by the lower court and the lower court, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 23, 2017, and the said judgment became final and conclusive on August 9, 2018.

The crime of the lower judgment against the Defendant and the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment of the lower court became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and thus, the lower judgment should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, and thus, the lower judgment

3. As above, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence related thereto are as follows: 【The defendant was sentenced to two years to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 23, 2017, and the above judgment became final and conclusive August 9, 2018.

In addition, “1. Criminal Records of the Judgment” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. Criminal Records of the Judgment” to “the Defendant’s trial statement, investigation report (Attachment of the judgment and the case’s contents), and the text of the judgment,” and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 (1) of the Criminal Act, the choice of punishment for a crime under relevant Article 152 of the Criminal Act, and the choice of imprisonment;

1. Article 153 of the Criminal Act to mitigate confessions;