The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won of fine) is too unreasonable.

2. According to the ex officio judgment records, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Goyang Branch of the Jung-gu District Court on February 22, 2019, and the judgment below became final and conclusive on July 13, 2019, which is after the sentence of the lower judgment is rendered. As such, the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive on July 13, 2019, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and is determined in consideration of equity and the same (see, e.g., Supreme Court Decision 2008Do209, Oct.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal, on the grounds of ex officio reversal. The judgment below is reversed, and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence added "the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics on February 22, 2019 and the above judgment became final and conclusive on July 13, 2017" to the first head of the judgment of the court below, and except for adding "a copy of the judgment of 1.1. judgment" to "a summary of evidence" of the judgment of the court below, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso of Article 3 (2) and (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for each crime;

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

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;