The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

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 (hereinafter “fine 10,000,000”) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

On November 27, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) at the Goyang Branch Branch of the Jung-gu District Court on November 27, 2015, and the judgment became final and conclusive on February 13, 2016, and on March 13, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) at the Suwon District Court on March 13, 2018, and the judgment became final and conclusive on August 31, 2018. However, the Defendant’s crime and each of the above crimes of violation of the Act on the Control of Narcotics, etc. (fence) against the Defendant, for concurrent crimes under the latter part of Article 37

In this regard, the prosecutor added "the latter part of Article 37 and Article 39 (1) of the Criminal Act" among the applicable provisions of the indictment in this case at the trial of the party, and "the defendant is sentenced to imprisonment on November 27, 2015 with prison labor for the violation of the Act on the Control of Narcotics, Etc. (fence) in the Jungyang Branch of the Central District Court, which became final and conclusive on February 13, 2016. On March 13, 2018, the prosecutor applied for the amendment of the indictment to add "the above judgment became final and conclusive on August 31, 2018" to "the defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc." and the judgment of the court below is no longer maintained.

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

[C] Criminal facts and summary of evidence recognized by the court as a summary of criminal facts and evidence are the first head of the "criminal facts".