The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentencing of the court below (two years of suspended sentence for one year of imprisonment, two years of suspended sentence, and probation) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant, at the Seoul Central District Court on April 18, 2013, sentenced 2 years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on the grounds of the violation of the Act on the Control of Narcotics, Etc., and confirmed on April 26, 2013. As such, the above crime for which the judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act and the instant crime are determined after considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus, the lower court, which did not take the above measures, has

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

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: ① in the first head of the crime in the judgment of the court below, “The defendant was sentenced to two years of suspension of execution on April 26, 2013 at the Seoul Central District Court on April 18, 2013 due to the violation of the Act on the Control of Narcotics, etc. (fence) and became final and conclusive on April 26, 2013”; ② in the summary of the evidence, except for adding “the previous conviction: the subsidiary documents of the agreement and the judgment on the case,” and “the text of the document on the prosecution” to “the cases are as stated in each corresponding column of the judgment of the court below, and this shall be cited as it is in accordance with Article 369 of the

Application of Statutes

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;