The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

On the fifth trial date, the defendant and his defense counsel withdrawn the assertion of mistake of facts stated in the reasons for appeal.

Sentencing: The sentence of the lower court (six months of imprisonment) is too unreasonable.

According to the records of this case, including the Defendant’s oral statement at the trial court, the Defendant was sentenced to four months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on June 16, 2016, and the judgment became final and conclusive by the withdrawal of an appeal on November 23, 2016, which is subsequent to the sentence of the lower court.

As above, since the crime of violation of the Act on the Management of Narcotics, Etc. and the crime of this case, which had become final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, and the judgment of the court below which omitted the sentence can no longer be

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, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below is a person who is currently pending in the court of final appeal in the case of violation of the Act on the Control of Narcotics, Etc. to the Busan District Court on April 4, 2016.

On June 16, 2016, the Busan District Court was sentenced to four months of imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Busan District Court, and the judgment became final and conclusive on November 23, 2016.

In addition to adding "the defendant's oral statement in the summary of the evidence" to "the defendant's oral statement in court", it is as stated in the judgment of the court below.

Application of Statutes

1. Article 156 of the Criminal Act applicable to the facts constituting an offense and Article 156 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 157, 153, and 55(1) of the Criminal Act for statutory mitigation.