The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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 (one million won of a fine) is too unreasonable.

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

According to evidence, it is recognized that the defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Chuncheon District Court on November 4, 2015 and that the judgment became final and conclusive on December 29, 2015. As such, the crime of violation of the Act on the Control of Narcotics, etc. and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity in cases where judgment is concurrently rendered in accordance with the former part of Article 39(1) of the Criminal Act, so the judgment of the court below

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, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. on November 4, 2015 and the judgment became final and conclusive on December 29, 2015" to the summary of the evidence, and it is to add "the previous conviction in the judgment on December 29, 2015" as stated in the corresponding column of the judgment of the court below except for addition of "each written judgment". Thus, it is to be cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished several times for violent crimes, and is the violation of the Act on the Control of Narcotics, etc. (fence).