The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

Defendant. A fine.

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. According to the records, on May 31, 2017, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Narcotics Control Act (compact) in this court, and the judgment became final and conclusive on November 24, 2017.

The crime of the judgment of the court below against the defendant is one of the concurrent crimes of Article 37 of the Criminal Act with the violation of the Act on the Management of Narcotics, etc. for which the judgment has become final and conclusive.

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed ex officio as seen earlier.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment is again ruled as follows after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul Northern District Court on May 31, 2017, and the judgment became final and conclusive on November 24, 2017.

Except for the addition of “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The grounds for sentencing under Article 70(1) of the Criminal Act and Article 69(2) of the Criminal Act are as follows: (a) the contents and result of the instant crime; (b) the circumstances after the crime was committed; (c) the Defendant’s age, sexual conduct; (d) the environment of the Defendant; and (e) the offense of violation of the Narcotics Control Act for which judgment became final and conclusive; and (e) the sentence is determined as ordered in consideration of the sentencing conditions indicated in the records