The judgment of the court below is reversed.

The crimes of Articles 1 through 7 in the judgment of the defendant shall be punished by imprisonment with prison labor for one year, and the crimes of Articles 8 and 9 in the judgment.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the sentence Nos. 1 to 7 on the market: imprisonment with prison labor for one year, the sentence Nos. 8 and 9: Imprisonment with prison labor for four months and the suspended sentence for two years) is too unreasonable

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on July 7, 2009 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on August 25, 2010 in the Incheon District Court Branch Branch of the Incheon District Court, and completed the execution of the sentence on August 25, 2010; and the defendant can be found to have committed crimes Nos. 8 and 9 as stated in the judgment of the police officer on December 28, 2010 and January 1, 201, for which three years have not passed since the execution of the sentence was completed, since the defendant committed crimes Nos. 8 and 9 as stated in the above judgment, and at the same time, the defendant constitutes a person who is a repeated offender under Article 35 of the Criminal Act, and

Therefore, the judgment of the court below which sentenced the suspension of the execution of repeated crime to the defendant without emphasizing the defendant as a repeated crime (it seems that the judgment of the court below was severe to repeated crime only for the crimes Nos. 1 through 7 of the judgment of the court below) is erroneous in the misapprehension of legal principles as to the crime of repeated crime and the

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the judgment below in the summary of the facts charged [criminal records] except for adding "the defendant was sentenced on July 7, 2009 by imprisonment with prison labor of one year and six months for the violation of the Act on the Control of Narcotics, etc. on August 25, 2010 and completed the execution of the sentence on August 25, 2010" to "the defendant has been sentenced to imprisonment with prison labor of one year and six months for the violation of the Act on the Control of Narcotics, etc.," and therefore, it is identical

Application of Statutes

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