The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, according to the evidence, the defendant was sentenced to a suspended sentence of two years and a fine of 150,000,000 won on July 23, 2009 (Seoul High Court 2009No1151), and the above judgment became final and conclusive on July 31, 2009, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) on July 23, 2009.

However, in cases where the punishment of this case is prescribed pursuant to Article 39(1) of the Criminal Act because the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) and the instant crime, which became final and conclusive, constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence should be imposed in consideration of equity with the case where the

Nevertheless, the court below neglected this, so the judgment of the court below is no longer maintained in this respect.

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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

[C] The summary of the facts of the crime and the evidence admitted by the court in light of the summary of the facts of the crime and the summary of the evidence are as follows: "The defendant was sentenced to the punishment of two years of suspended execution and fine of 150,000,000 won on July 31, 2009 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (customs duties)" in the first head of the crime and the summary of the evidence." The above judgment became final and conclusive on July 31, 2009 in the summary of the evidence, and "1. prior conviction in the judgment of the court: The defendant was the same as the statement in each corresponding column of the judgment of the court below except for adding "the defendant's oral statement and case search" to

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;