The judgment of the court below is reversed.

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

1,020,000 won shall be additionally collected from the defendant.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on September 8, 2016 and two years and six months, and the appeal was dismissed on February 7, 2017, and the judgment became final and conclusive.

As above, the crime of violation of the Act on the Control of Narcotics, Etc. and the crime of this case, which became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity with the case to be judged at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the gist of facts constituting an offense and evidence, and the execution of the sentence was terminated on June 14, 2014 at the bottom of “criminal records.”

“The execution of the sentence was terminated on June 14, 2014, and on September 8, 2016, the Seoul Central District Court was sentenced to imprisonment for two years and six months for a violation of the Act on the Control of Narcotics, Etc., and the judgment was finalized on February 7, 2017.

In addition to the addition of “1. Each judgment and the search details of each case” in the last part of “a summary of evidence”, it is identical to the description of each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.