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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 1.3 million won) by the lower court is excessively unreasonable.
2. On April 19, 2013, according to the records, the defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 19, 2013, and the above judgment became final and conclusive on April 27, 2013. Since the above crime for which judgment became final and the crime of this case are concurrent crimes in accordance with the latter part of Article 37 of the Criminal Act, the above crime and the crime of this case must be sentenced to punishment in consideration of equity and the case at the same time under Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained
3. Therefore, 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 evidence admitted by this court is that the first head of the judgment of the court below was sentenced to the punishment of eight months for the violation of the Act on the Control of Narcotics, etc. (fence) at the Daegu District Court on December 2, 2010, and the above judgment became final and conclusive on February 16, 201," and "the defendant was sentenced to eight months for the violation of the Act on the Control of Narcotics, etc. (fence) at the Daegu District Court on December 2, 2010, and the above judgment became final and conclusive on February 16, 2011. On April 19, 2013, the same court was sentenced to the punishment of one year and six months for the violation of the Act on the Control of Narcotics, etc. (fence), and the summary of the evidence stated in the judgment below in the column of "1.: the results of the case search and investigation bound in the trial records and the judgment attached thereto" as it is in addition to Article 9 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;