The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

8,390,000 won shall be additionally collected from the defendant.

3.2

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and four months of imprisonment, and additional collection) is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the determination of the grounds for appeal, the Defendant filed an appeal with the Suwon District Court sentenced two years to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and was sentenced to one year and eight months on December 14, 2018. The appeal was dismissed, and the judgment became final and conclusive on February 22, 2019.

Thus, the crime of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act with the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act. Thus, the court below's judgment cannot be maintained any more.

3. If so, the judgment of the court below is reversed in accordance with 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.

[Reasons for the judgment of multiple court] The summary of facts constituting an offense and evidence recognized by this court is the same as the corresponding column of the judgment of the court below, except that "Appealed and sentenced on December 14, 2018, and sentenced on February 22, 2019," in the part of the facts constituting an offense [criminal record] as stated in the judgment of the court below, and the summary of the facts constituting an offense and evidence, as stated in the judgment of the court below, are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Management of narcotics, etc. additionally collected;