The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

1. The punishment of a fine of KRW 1.5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on September 25, 2015, and the judgment became final and conclusive on January 23, 2016, and the above crime of violation of the Narcotics Control Act (fence) is one of the crimes in this case and the latter part of Article 37 of the Criminal Act. Thus, in determining the punishment for the crime in this case, the equity should be taken into account when the judgment is rendered concurrently with the crime of violation of the Narcotics Control Act (fence).

The judgment of the court below which determined the punishment against the defendant with an excessive charge of this point shall not be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following decision is delivered through pleadings.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by the court in question was sentenced on September 25, 2015 by the Busan District Court for ten months as a crime of violation of the Narcotics Control Act, and the judgment on January 23, 2016 became final and conclusive on September 23, 2016.

“1. A previous conviction in the judgment of the court below” is added and the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for an inquiry of summary information of the case and an addition of each judgment of the court below.

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. The defendant's reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter "the Act") to attract a workhouse shall be a driver without a license in 2009.