1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 700,000 won.

3. The above fine shall not be paid by the defendant.

1. Ex officio determination

A. Although the defendant did not submit a written reason for appeal, there are reasons for ex officio investigation as follows, the dismissal of appeal is not decided pursuant to the proviso of Article 361-4(1) of the Criminal Procedure Act.

B. According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on September 26, 2014, and the above judgment is recognized as finalized on March 2, 2015.

As above, since the crime of violation of the Act on the Management of Narcotics, Etc. and the crime of this case committed before the judgment becomes final and conclusive, in relation to the concurrent crimes by the latter part of Article 37 of the Criminal Act, a punishment for the crime of this case shall be imposed at the same time under Article 39(1) of the Criminal Act, taking into account equity and equity, and thus, the judgment of the court below which did not take into account this cannot be

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the criminal history in the reasoning of the judgment of the court below. "The defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 26, 2014. The above judgment became final and conclusive on March 2, 2015.

“Along with the addition of “1. previous conviction: Submission of single concurrent crimes data (each written judgment and each case’s summary information), inquiry of criminal experience data, and reporting of the results of confirmation of the previous convictions before and after disposition,” to the column for the necessity of evidence, it is identical to the corresponding column of the lower judgment. As such, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.