The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

400,000 won shall be additionally collected from the defendant.

3.2

1. The decision of the court below on the summary of the grounds for appeal (a punishment of three months of imprisonment and a collection of 400,000 won) is too unreasonable.

2. According to the data submitted in the instant trial proceedings, the Defendant, at the Seoul Eastern District Court on November 20, 2019, sentenced one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and confirmed on May 27, 2020. As such, the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of this case, which became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by a sentence after consideration of equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Thus, the lower court, which did not take into account, was no longer maintained.

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 of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged in the judgment of the court below are as follows: "The defendant was sentenced to one year to imprisonment with prison labor at the Seoul Eastern District Court on November 20, 2019, and the judgment became final and conclusive on May 27, 2020." The last part of the judgment of the court below is as stated in the corresponding column of the judgment of the court below in addition to "1...................... the criminal records in the judgment of the court, the case search, and the judgment", and it is identical to the criminal records, the case search, and the judgment of the court below. Thus, the above part

Application of Statutes

1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Narcotics Control Act (the point of a phiphone medication) concerning facts constituting an offense, and Article 60(3) and 60(1)2 of the Narcotics Control Act concerning the choice of punishment, etc.