The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Summary of Grounds for Appeal

Defendant

The sentence of the court below (2 million won of fine) is too unreasonable.

It is unfair that the sentence of the court below (2 million won of fine) by the prosecutor is too unhued.

According to the records of ex officio determination, the Defendant, at the Daejeon District Court on August 29, 2013, sentenced one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and became final and conclusive on March 21, 2014, and the Defendant committed the instant crime before the judgment becomes final and conclusive. As above, the crime for which judgment became final and the instant crime are in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and the instant crime is determined after examining whether to reduce or exempt punishment in consideration of equity and the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard, the part of the judgment of the lower court against the Defendant was no longer maintained.

In conclusion, the part of the judgment of the court below regarding the defendant is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's and the prosecutor's allegation of unfair sentencing, and the part of the judgment of the court below against the defendant is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced on August 29, 2013 by imprisonment with prison labor and six months for the violation of the Act on the Control of Narcotics, Etc. (fence) at the Daejeon District Court on March 21, 2014; "the judgment became final and conclusive on March 21, 2014"; "1. The Daejeon District Court Decision 2013 High Court Decision 2013No230, Daejeon District Court Decision 2013No230, Daejeon District Court Decision 2014Do231, Supreme Court Decision 2014Do2231, Supreme Court Decision 2014, March 21, 2014)" were added to each corresponding column of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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