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 (an amount of KRW 1.5 million) is too unreasonable.

2. According to the evidence in the previous records and the previous records in the summary column of the following evidence ex officio before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced by the Cheongju District Court on June 30, 2016 to imprisonment with prison labor for a crime of violating the Narcotics Control Act (fence) and for a period of one year and six months, and the above judgment was finalized on November 29, 2016.

However, the crime of violation of the Act on the Control of Narcotics, Etc. and the crime of this case, for which a judgment has become final and conclusive, constitute concurrent crimes by the latter part of Article 37 of the Criminal Act, and where the punishment of this case is determined pursuant to Article 39(1) of the Criminal Act, a sentence should be imposed in consideration of the equality with the case where the crime of violation of the Act on the Control of Narcotics, etc., which was finalized and tried concurrently

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The criminal facts recognized by the court and the summary of the evidence are criminal facts and the summary of the evidence were sentenced to punishment on June 30, 201, and the judgment on November 29, 2016, which became final and conclusive on November 29, 2016, due to the violation of the Narcotics Control Act at the Cheongju District Court on June 30, 2016.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment below, except for adding “a prior conviction in the judgment of the court below” to “a prior conviction in the judgment of the court,” and “a search in the case,” as it is, according to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting an offense, as well as Article 151 of the same Act;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the latter part of Article 39(1).