The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The Defendant, ex officio, was sentenced to the lower judgment on August 26, 2016 and filed an appeal on September 1, 2016, and did not submit a written reason for appeal within 20 days from the deadline for submitting the legitimate reason for appeal, even though he/she received a notice of receipt of the record of trial from this court on September 29, 2016, and the written reason for appeal submitted by the Defendant is not stated in the petition of appeal.

On July 26, 2016, according to the records of this case, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act at the Seoul Central District Court on July 26, 2016, and the above judgment became final and conclusive on August 3, 2016. Thus, since the crime of the judgment of the court below and the above violation of the Narcotics Control Act with respect to the defendant are concurrent crimes with the latter part of Article 37 of the Criminal Act, the crime of violation of the Act on the Control of Narcotics, etc., in which the judgment of the court below became final and conclusive on August 3, 2016 is related to the latter part of Article 39 (1) of the Criminal Act and the crime of violation of the Act on the Control of Narcotics, etc.,

2. If so, there is a ground for reversal of the above ex officio, so no decision to dismiss an appeal against the defendant pursuant to the proviso of Article 361-4(1) of the Criminal Procedure Act on the ground that the defendant did not submit the grounds for appeal, and the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The Defendant was sentenced to a suspended sentence of one year for a violation of the Narcotics Control Act at the Seoul Central District Court on July 26, 2016 and was sentenced to a suspended sentence of two years on August 3, 2016.”

In addition, “1. Court rulings and materials on the date of final and conclusive judgment” are as stated in each corresponding column of the lower judgment, except for addition to “1. Court rulings and materials on the summary of the evidence,” and thus, they are as they are in accordance with Article 369 of the Criminal Procedure Act.